1. This is a reference by the Second Additional Sessions Judge, Ludhiana, dated 22nd October, 1968, whereby the order passed by the Judicial Magistrate First Class, Ludhiana, dated 19th August, 1968, was recommended to be set aside.

2. The facts giving rise to this reference are that Puahpa Rani made an application against her husband Baldev Raj Kumar under Section 488 of the Criminal P.C. claiming maintenance for herself and her child. Having obtained a decree for judicial separation against his wife Baldev Raj Kumar made an application in the proceedings under Section 488 of the Criminal P.C. initiated against him by his wife Pushpa Rani praying that the proceedings against him be dropped in view of the decree for Judicial separation obtained by him from a competent Civil Court. This application of the husband was dismissed by the impugned order. Being aggrieved Baldev Raj Kumar filed revision petition before the Sessions Court on the basis of which the present reference has been made to this Court recommending the quashing of the order of the learned Magistrate dated 19th August, 1968, disallowing the application of the husband in so far as the proceedings relating to th