HIGH COURT OF CHHATTESGARH B!LA$PL§R Crimina! Misc. Petition N03: (1f 2%9 PETlTlONER/: Pradeep Sonkar, S/o MohanLal Sonkar, (Non-appiicant No.4) aged about 19 years, R/o Ashwini Nagar, Police Station Azad Chowk; Tahsi§ and Distt. Raipuy (CG) Versus RESPONDENTS: 1. Mohanlal Sonkar, aged about 42 years, S/o Hari Shankar Sonakar, R/a Mukut Nagar (Lahe Nagar), Police Station Azad Chowk, Raipur, Tahsi! and Distt. Raipur(CG) Applicant 2. Smt. Rukhmini Bai, W/o Mohanlal Sonkar, aged about 38 years, 3. Mahendra Kumar, aged about 24 years, Sfo Mohanlal Sonkar, 4. Prashant Kumar, aged about 19 years, Slo Mohanlai Sonkar Respondents No.2, 3 & 4 are R/o Ashwini Nagar, Police Station Azad Chowk, Tahsil and Distt. Raipur (CG) ---------- Non-Appiicants {Application under Section 482 of the Code of Criminal Procedure, 1973 for modification of the order dated 27—1 1-2008} Present: Mr, Vaibhav A. Goverdhan, counsel for the petitioner. Single Bench: Hon’ble Mr. T.P. $harma, J ORAL JUDGMENT (1 4—1 42009) 1. This petition is for modification of the order dated 27—1 1-2008 passed by this Court in Criminal Revision No.553/2006 whereby future maintenance of non-applicants No.4 & 5 therein Le. Pradeep Kumar & Prashant Kumar, respectively, after attaining the age of majority has been denied. . l have heard learned counsel for the petitioner. . Learned counsel for the petitioner submits that the petitioner herein is suffering from Polio and the Court below has altered the order of maintenance of the petitioner herein even after his attaining the age of w majoriiy vide arder dated 16—6-2008 passed in Criminad MJC Nos.224/2008 & 225/2008 by ihe 15’ Additienal Principai Judge, Family Court; Raipur‘ . l have perused the copy of the order dated 16-6—2008. . While dealing with legality and propriety of the order dated 6-7-2006 passed by the 15f Additiona! Principa! Judge, Famiiy Court, Raipur in MJC No‘291/2005, the order 0f entitiement of maintenance till attaining the age of majority has been passed against the petitioner herein, at that time, the order dated 16-6-2008 passed in Criminal MJC Nos.224/2008 & 225/2008 was not under challenge before this Court. a Considering the ailment of the petitioner though he has attained majority, but hts order of maintenance passed in Criminal MJC No.291/2005 has been altered by the Court below under Section 127 of the Code of Criminal Procedure, 1973 in Criminal MJC Nos.224/2008 & 225/2008 vide order dated 16—6-2008 on the ground of his inabilityto maintain himself by the reason of physieat abnormality i.e. Polio which has not been challenged by the non—applicants therein before this Court, same shall not be affected by the ordervdated 27-1 1-2008 passed by this Court in Criminat Revision No.553/2006. i With the aforesaid observation, the petition stands disposed of. \‘3 / \ Soma ””5 sea:*"”#’C‘sdr \1i .Judge IAL:V —#’#”#’ \g - 1', P. Sham‘a ”/1