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1996 Supreme(All) 387

G.S.N.TRIPATHI
KAMLESH KUMARI – Appellant
Versus
STATE OF U P – Respondent


G. S. N. TRIPATHI, J.

This is a criminal revision under Section 397, Cr. PC arising out of a cryptic judgment and order dated 21- 8-1995 passed by the learned Sessions Judge, Etah in Criminal Revision No. 70/95- Rajendra Singh v. Smt. Kamlesh Kumari.

2. In a proceeding under Section 125, Crpc an ex pane order passed on 23-5-1994. No application to set aside that order under Section 126 (2), Crpc was moved by the husband, respondent No. 2, Rajendra Singh. He tried to justify his absence on some grounds. Those grounds were examined by the learned Magistrate concerned and it was found that the applicant husband had no just ground to get this order set aside. The application under Section 126 (2), Crpc was dismissed by the learned Ilnd Addl. Munsif Magistrate, Etah on 10-2-1995.

3. Aggrieved by this order, the applicant Rajendra Singh filed a Criminal Revision No. 70/95. That was decided by the learned Sessions Judge on 21-8-1995. The learned Sessions Judge has observed as follows:-

"i find that the impugned order suffer as with no illegality or impropriety and it has to be dismissed. . . . . . . .

The revision is dismissed. "

The implication of this order is that the order passed- by th










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