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CASE NO.:

Appeal (crl.) 1627 of 2007

PETITIONER:

Chaturbhuj

RESPONDENT:

Sita Bai

DATE OF JUDGMENT: 27/11/2007

BENCH:

Dr. ARIJIT PASAYAT & AFTAB ALAM

JUDGMENT:

J U D G M E N T

CRIMINAL APPEAL NO. 1627 OF 2007

(Arising out of SLP (Crl.) No.4379 of 2006)

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the order passed by a

learned Single Judge of the Madhya Pradesh High Court,

Indore Bench, dismissing the revision petition filed by the

appellant in terms of Section 482 of the Code of Criminal

Procedure, 1973 (in short ’Cr.P.C.’). The challenge before the

High Court was to the order passed by learned Judicial

Magistrate, First Class, Neemuch, M.P. as affirmed by the

learned Additional Sessions Judge, Neemuch, M.P. The

respondent had filed an application under Section 125 of

Cr.P.C. claiming maintenance from the appellant.

Undisputedly, the appellant and the respondent had entered

into marital knot about four decades back and for more than

two decades they were living separately. In the application it

was claimed that she was unemployed and unable to maintain

herself. Appel