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Judgment
5 paragraphs · 102 words
1.
We are of opinion that the District Magistrate is right. Section 20, clause II of the Court Fees Act has reference only to fees for processes
issued in the case of ""offences,"" and it has been held that an order for payment of maintenance is not a conviction for an ""offence"" see Queen v.
Golam Hossein 2. Chowdhry 7 W.R. Cr., 10; cf. Reg. v. Thakur Ira 5 Bom. H.C.R. 81.
2.
We, therefore, set aside the Head Assistant Magistrate''s order dismissing the application and direct the Magistrate to proceed with the inquiry
and pass an order in accordance with law.