THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6528 of 2011 ORDER: This Criminal Petition is filed under Section 482 of Criminal Procedure Code by the Petitioner-respondent challenging the petition filed by the first respondent-petitioner under Section 128 of Cr.P.C. 2. Heard both sides. 3. The main grievance of the petitioner herein is that the respondent-wife filed an application for arrears of maintenance by invoking the provisions under Section 128 Cr.P.C. The learned Magistrate without issuing notice to the petitioner herein issued warrant. Hence, he prayed this Court to recall the warrant. 4. In that view of the matter, this court is of the view that after hearing the petitioner herein, the Magistrate ought to have passed the order. Hence, the warrant issued against the petitioner is hereby recalled and the petitioner is directed to appear before the court on or before 30th of this month and to proceed with the petition filed by the respondent-wife. 5. With the above direction, the Criminal Petition is allowed. The Miscellaneous Petitions, if any, filed along with this Criminal Petition shall stand closed. ___________________ JUSTICE RAJA ELANGO 4th August 2011 Rns