Abdul Gaffar Vs. Sajid

Abdul Gaffar vs Sajid

Disposition Misc. crl. case rejected Court Madhya Pradesh Decided Nov 27, 2001

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Citation: sooperkanoon.com/509296
Court: Madhya Pradesh High Court
Judge: N.S. Azad, J.
Decided On: Nov 27, 2001
Case Number: Misc. Criminal Case No. 6393/2001
Subject: Criminal
Disposition: Misc. crl. case rejected

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Criminal
Outcome / disposition: Misc. crl. case rejected
Acts & sections: Code of Criminal Procedure (CrPC) , 1974 - Sections 125 and 482

Parties & Advocates

Appellant / Petitioner

Abdul Gaffar

Advocate Imtiaz Hussain and ;Mohd. Qasum, Advs.

Respondent

Sajid

Legal References

Acts: Code of Criminal Procedure (CrPC) , 1974 - Sections 125 and 482
Reported In: 2002(1)MPHT32

Excerpt

- ordern.s. azad, j.1. he is heard. 2. the judicial magistrate first class, sehore, awarded an amount of rs. 1000/- as maintenance to respondent by order dated 1-5-1999 passed in case no. 5/96, which was registered on a petition filed under section 125, cr.pc on behalf of this petitioner and his mother nasim bano. 3. in criminal revision no. 79/99 filed challenging the aforesaid order, the first asj, sehore reduced the aforesaid amount to rs. 750/- per month by order dated 26-9-2001. now a prayer is being made that the amount of maintenance be further reduced to rs. 300/- per month. 4. a perusal of the orders passed by the courts below discloses that while passing the aforesaid orders, both the courts appreciated the evidence in detail which was adduced in the court of jmfc. a further appreciation of evidence for examining the propriety of quantum fixed by the courts below is not permissible in exercise of inherent powers of this court. hence, this petition does not merit. it is accordingly, disallowed and rejected. 5. misc. criminal case rejected.

Full Judgment

ORDER

N.S. Azad, J.

1. He is heard.

2. The Judicial Magistrate First Class, Sehore, awarded an amount of Rs. 1000/- as maintenance to respondent by order dated 1-5-1999 passed in Case No. 5/96, which was registered on a petition filed under Section 125, Cr.PC on behalf of this petitioner and his mother Nasim Bano.

3. In Criminal Revision No. 79/99 filed challenging the aforesaid order, the First ASJ, Sehore reduced the aforesaid amount to Rs. 750/- per month by order dated 26-9-2001. Now a prayer is being made that the amount of maintenance be further reduced to Rs. 300/- per month.

4. A perusal of the orders passed by the Courts below discloses that while passing the aforesaid orders, both the Courts appreciated the evidence in detail which was adduced in the Court of JMFC. A further appreciation of evidence for examining the propriety of quantum fixed by the Courts below is not permissible in exercise of inherent powers of this Court. Hence, this petition does not merit. It is accordingly, disallowed and rejected.

5. misc. Criminal Case rejected.

Same Court & Year Madhya Pradesh · 2001 Same Parties Abdul Gaffar vs Sajid Same Subject Criminal Same Judge N.S. Azad, J. Acts & Sections Code of Criminal Procedure (CrPC) , 1974 - Sections 125 and 482

Criminal