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2013 Supreme(UK) 663

U.C.DHYANI
Kailash Chandra Kandpal – Appellant
Versus
Beena Kandpal – Respondent


Advocates:
Advocate Appeared:
Mr. P.C. Petshali, Advocate holding brief of Mr. L.K. Tiwari, Advocate for the applicant
Mr. Lalit Tiwari, Advocate for the respondent

JUDGMENT :

U.C. Dhyani, J.


The applicant, by means of present application / petition under Section 482 of Cr. P.C., seeks to quash the order dated 24.03.2009, passed by Sessions Judge, Almora, in criminal revision no. 26 of 2008, Kailash Chandra Kandpal vs Smt. Beena Kandpal as also the order dated 30.08.2008, passed by Chief Judicial Magistrate, Almora, in Criminal Misc. Case No. 26 of 2008, Smt. Beena Kandpal vs Kailash Chandra Kandpal under Section 125 of Cr. P.C.


2) Smt. Beena Kandpal (wife) filed an application against Kailash Chandra Kandpal (husband) for grant of maintenance allowance under Section 125 of Cr. P.C. in the court of Chief Judicial Magistrate, Almora. The same was contested by the husband. Evidence was adduced by the parties. After considering the evidence on record, learned Chief Judicial Magistrate, Almora, vide judgment and order dated 30.08.2008, allowed the application of the wife. Husband was directed to pay a sum of Rs. 2,000/- per month to his wife as maintenance allowance. Aggrieved against the order dated 30.08.2008, a criminal revision was preferred by the husband, which criminal revision was dismissed vide impugned judgment and order dated 24.03.2009.


























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