1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Criminal Writ Petition No.847 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. By this petition, the petitioner impugns judgments rendered by learned Judicial Magistrate (F.C.), Tuljapur in Criminal Misc. Application No.120/2006. The Respondent Nos. 1 and 2 are the parents and Respondent No.3 is the brother of the petitioner. Admittedly, the petitioner is eldest son of the Respondent Nos.1 and 2. The Respondent Nos.1 and 2 are in the proximity of seventies and above seventies and are admittedly old aged persons. The Respondents Nos.1 and 2 sought separate maintenance allowance U/s 125 of the Cr.P.C. The learned Judicial Magistrate awarded Rs.650/- p.m. each to the Respondent Nos.1 and 2. The petitioner's Revision Application came to be dismissed . Both the Courts noticed that the parents of the petitioner are unable to maintain themselves due to old age. It is contended that the Respondent Nos.1 and 2 had not given any land to the petitioner during course of partition but the lands were given to him by his aunt. That does not make any difference. The petitioner is legally bound to maintain the Respondent Nos.1 and 2. The Respondent Nos.1 and 2 have duly proved the fact that the petitioner is able bodied and has got sufficient means and has neglected to maintain them. The amount of maintenance allowance is rather on lower side. No interference warranted. Dismissed. (V.R.KINGAONKAR,J.) Dt.01.10.2009. asp/office/Crwp847.09