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2009 Supreme(All) 2856

RAJESH CHANDRA
KAMRUDDIN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
R.S. Chauhan for the Applicant; A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Rajesh Chandra, J.—This application under Section 482, Cr.P.C. has been filed with a prayer that the order dated 12.6.2009 passed by the Additional Sessions Judge, Jaunpur in Criminal Revision No. 14 of 2007, Waheeda v. State of U.P., may be stayed.

2. In brief the facts of the case are that Smt. Waheeda moved an application under Section 125, Cr.P.C. against her husband Kamruddin in the Court of Judicial Magistrate Ist, Jaunpur. That application was decided on merit vide order dated 2.12.2006. The Magistrate rejected the application of Smt. Waheeda for her maintenance, but allowed the application for maintenance of her daughters Km. Hina and Km. Rina. Against that order Criminal Revision No. 14/2007 was filed which was ultimately decided by the Additional Sessions Judge, Court No. 4, Jaunpur. The revision was allowed and Smt. Waheeda was also allowed maintenance @ Rs. 2000/- p.m. from the date of her application i.e. 14.8.2002. In this application under Section 482, Cr.P.C. this order of the Additional Sessions Judge, Jaunpur passed on 12.6.2009 has been challenged.

3. The contention of the applicant is that as a normal rule the maintenance should be allowed from the








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