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2013 Supreme(All) 2096

ANIL KUMAR SHARMA
Shamshuddin – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel :
Rishikesh Tripathi for the Petitioner; A.G.A. for the Respondents.

Anil Kumar Sharma, J.

Heard learned counsel for the petitioner and the learned AGA for the State

2. The petition under Article 226 of the Constitution of India has been filed to issue a writ, order or direction in the nature of certiorari quashing the order dated 22.3.2010 and 25.9.2012 passed by Addl. Chief Judicial Magistrate-1, Banda in Criminal Case no. 400/IX/2012 and order dated 2.5.2013 passed by Addl. Sessions Judge, Court no. 1, Banda in Criminal Revision no. 3 of 2013. It has been further prayed that a mandamus be issued to restrain the courts below from illegally recovering the amount of maintenance from the petitioner pursuant to orders dated 25.9.2012 and 2.5.2013.

3. Succinctly stated the facts of the case are that the respondents no. 2 t6 4 filed two separate cases for award of maintenance u/s 125 Cr. P.C. against the petitioner alleging themselves to be his wife and children, which were allowed by the Magistrate vide judgment dated 21.10.2003 and the maintenance was awarded as shown in column no. 2 and 3 of following table:

 

By the Magistrate

By the Revisional
















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