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1993 Supreme(P&H) 418

J.B.GARG
Kuldip Singh – Appellant
Versus
Prabhjot Alias Silky Minor – Respondent


Judgment

1. Kuldip Singh, the husband, has moved the present petition under Section 482, of the Code of Criminal Procedure and he has alleged that proceedings pending under Section 125, of the Code of Criminal Procedure which were moved by his wife Surinder Kaur and a minor daughter Skilki and wherein the judgment was pronounced by Shri K. L. Chopra. Judicial Magistrate I Class, Kharar awarding Rs. 350.00 as maintenance on 11-11-1991, be quashed.

2. The relevant record of the trial Court was requisitioned from Kharar and it appears that in a petition for maintenance moved under Section 125, of the Code of Criminal Procedure Shri K. L. Chopra, Judicial Magistrate I Class, Kharar recorded evidence and heard the parties on 6-111991 and he fixed the date for pronouncement of the order as 11-11-1991. The Learned Magistrate actually dictated the judgment, it was typed and some corrections were also made but it did not bear his signatures. He unfortunately died on 15-11-1991. This is a case where arguments were heard, judgment was dictated and it was typed and thereafter announced as well on the date fixed but it did not bear the signatures of the Judicial Magistrate and he passed away aft


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