[1] SB CRIM REVISION PET 1320/2008 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R S.B. CRIMINAL REVISION PETITION NO. 1320/2008 SITA DEVI & ANR. Vs. JAGDISH PRASAD Date: 07.12.2009 HON'BLE MR. JUSTICE K.S. RATHORE Mr. Hanuman Choudhary, Advocate for the petitioners. Mr. M.K. Chaturvedi, Advocate for the respondent. **** The instant criminal revision petition under Section 397 read with Section 401 Cr.P.C. is directed against the order dated 31.01.2008 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Tonk in Criminal Revision No. 54/2007, whereby the criminal revision filed by the respondent has been partly allowed and instead of maintenance awarded by the Civil Judge (Sr. Division) & Additional Chief Judicial Magistrate, Uniyara, District Tonk from the date of filing of the application vide order dated 03.08.2007, has been modified and is made applicable from the date of passing of the order by the trial Court. In support of his submissions, learned counsel for the petitioners placed reliance on the judgment rendered by the Division Bench of this Court in the case of Smt. Savita Sharma Vs. Shri Krishan Murari, reported in 1990(1) RLR 400, wherein the Division Bench held that maintenance should be granted from date of application and not from date [2] SB CRIM REVISION PET 1320/2008 of order. Upon careful perusal of the order dated 31.01.2008 passed by the Revisional Court, it reveals that the Revisional Court while passing the order has not rightly taken care of the provisions of law, which is contrary to the ratio decided by the Division Bench of this Court in the case of Smt. Savita Sharma (supra). Consequently, the revision petition stands allowed. The order impugned dated 31.01.2008 passed by the Revisional Court is hereby quashed and set aside and the order dated 03.08.2007 passed by the trial Court is upheld. The stay application also stands disposed of. (K.S. RATHORE),J. /KKC/