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Judgment
5 paragraphs · 294 wordsG.S. Chahal, J.
Bawa Ram petitioner seeks the quashing of the orders of Sh. Gurdev Singh, Judicial Magistrate 1st Class Rajpura, dt. 112.88, Annexure P1 and Sh. SK Chopra, Addl. Sessions Judge, Patiala dt. 13.7.88, Annexure P.2.
The controversy relates to the grant of maintenance to Smt. Debo wife of the petitioner and Tiku and Kala, minor sons of the petitioner in proceedings under Section 125 of the Code of Criminal Procedure initiated by Smt. Debo against her husband, the petitioner. Vide Annexure P. I this application was allowed and the petitionerhusband was ordered to pay Rs. 250/ p.m. as maintenance to Smt. Debo and Rs. 150/ and Rs. 100/ p.m. to the two minor children respectively, from the date of the application. Aggrieved by this order, the petitionerhusband had preferred a criminal revision which was heard by the learned Addl. Sessions Judge, Patiala who dismissed the same. The petitioner challenges the quantum of maintenance awarded to his wife and children.
The petitioner has availed of his remedy of revision before the Addl. Sessions Judge and the present case also relates to the quantum of maintenance awarded. As was laid down by a Division Bench of this Court in Charanjit Singh and others v. Smt. Gursharan Kaur, 1990(2) Recent C.R. 584, the provisions of sections 397 and 482 of the Cr.P.C. do not operate as a bar to the exercise by the High Court of its inherent powers under section 482, Cr.P.C. but this Court has to exercise selfrestraint in a second revision by the unsuccessful revisionist and will interfere very sparingly. The present case does not fall within the category where this Court should exercise its jurisdiction u/s 482, Cr.P.C. With these observations, this criminal miscellaneous is dismissed.
Misc. dismissed.
