Order

29/10/2018

1. The petitioners have preferred this criminal misc. petition under Section 482 Cr.P.C. for quashing of order dated 12.2.2018 passed by the learned Chief Judicial Magistrate, Nagaur in Criminal Misc. Case No.91/2015 whereby, the petitioners’ application filed under Section 125 Cr.P.C. for summoning certain documents was dismissed.

2. Learned counsel for the petitioners makes a limited submission that the petitioners’ application for summoning the documents ought to have been allowed by the learned Court below as the petitioner to discharge the burden of determining quantum of maintenance has sought summoning of certain documents, through which, learned Court below would come to the just conclusion. Learned counsel for the petitioners relies on the judgment of Karnataka High Court in case of Mrs. Divya G. Fernandes. vs. Mr.Lancelot Albert Monterio (Criminal Petition No.460/2013) decided on 13.2.2013 relying upon the judgment of Hon’ble Supreme Court in the case of Chaturbhuj Vs. Sita Bai [(2008) 1 SCC (Crl.) 356]. The judgment of Karnataka High Court reads as follows :-

“In this petition filed under Section 482 of Cr.P.C., the petitioner has sought for setting aside t