1 ~r j !.::%&&y s^—^.f^?>te-.?^.'- ..-£'?» HIGHCOURT OF CHHATTISGARH, BILASPUR APPLICANTS: Criminal Misc. Petition No.63 of 2006 1. Ku. Suman, D/o Holuram Yadav, aged about 1 year, Minor, Through Natural Guardian Mother Sonti Bai, D/o Asharam Yadav, R/o Deory, Police Station Berla, Distt. Durg (C.G.) 2. Sonti Bai, D/o Asharam Yadav, aged about 21 years, Occupation Non, R/o Deory, P.S. Berla, Distt. Durg (C.G.) Versus Holuram Yadav, S/o Bharat, aged about 21 years, Occupation Agriculture & Labourer, R/o Deory, Police Station Berla, Distt. Durg (C.G.) {Application under Section 482 ofthe Code of Criminal Procedure, 1973} NON-APPLICANT: Present: Mr. SudhirVerma, counsel for the petitioners. 'MKdt^*'1 Sinale Bench: Hon'ble Mr. T.P.Sharma, 3 ORAL ORDER (3-8-2009) 1. This petition under Section 482 of the Cr.P.C. is directed against the order dated 27-6-2006 passed by the Additional Sessions Judge, Bemetara in Criminal Revision No.148/2005 affirming the order rejecting maintenance to the present petitioners dated 17-3-2005 passed by the Judicial Magistrate First Class, Bemetara in M.J.C. No.45/2003. 2. I have heard learned counsel for the petitioners and perused the order impugned as also the record of the Court below. 3. Learned counsel for the petitioners submits that as a result of rape committed by the respondent with petitioner No.2, petitioner No.2 conceived and gave birth to petitioner No.l who is illegitimate child of the respondent. Although the respondent has been acquitted of the charge under Section 376 of the I.P.C. but statement of mother of petitioner No.l, who is the best person to say that who is father of petitioner No.l,reveals that she was subjected to rape by the respondent and as a result of rape she conceived and gave birth to petitioner No.l. S' fr,.., 4. Statement of petitioner No.2 reveals that the respondent has committed sexual intercourse with her. She has not todged report, she was not married to the respondent, she has not resided with the respondent for long time and at the advanced stage of pregnancy when pregnancy came into the knowledge of the villagers,- they convened a meeting and asked petitioner No.2 on which she told that her pregnancy is because of the respondent, and thereafter she lodged report against the respondent. This is not the case of any kind of marriage, but this is a case of casual sexual intercourse resulted into pregnancy. 5. After considering the evidence of petitioner No.2, both the Courts below have declined to grant maintenance to petitioner No.2 or petitioner No.l. Summary proceeding under Section 125 of the Cr.P.C. does not decide the final rights ofthe parties and the parties may avail civil remedy before the competent forum. I do not find any scope of interference in the orders impugned in exercising the extra ordinary inherentjurisdiction under Section 482 ofthe Cr.P.C. 6. Consequently, the petitioner is dismissed. Soma Sd/- T.P. Sharma Judge ~s;^i:K- ysass