PASAYAT, J.

( 1 ) SCOPE and ambit of Section 125 (3) of the Code of Criminal Procedure, 1973 (in short, the 'code') is the subject-matter of this writ application.

( 2 ) BACKGROUND facts leading to filing of this application are undisputed. Petitioner No. 1 Sabita Kumari Nayak is the wife of opposite party No. 1 Satrughana Nayak, while petitioners 2 to 4 are their minor children. A case under Section 135 of the Code was filed by Sabita claiming maintenance for herself and on behalf of her minor children on 21-7-1982 before the learned SDJM, Kendrapara. On 10-4-1984, the learned SDJM disposed of the case granting maintenance of Rs. 400/- per month being payable by opposite party No. 1 from the date of application, i. e. , 21-7-1982. As there was no payment and directions of the Court were not complied with, an application for realisation of arrear as well as for future maintenance by way of attachment of opposite party No. 1's salary was filed and the said application was registered ascriminal Misc. Case No. 6 of 1985. In the said application petitioner No. 1 had prayed for realisation of maintenance dues for 31 months. Opposite party No. 1 appeared before the learned SDJM and too