[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 520/2007 BABLOO @ BABULAL Vs. THE STATE OF RAJASTHAN & ANR. DATE: 28.02.2008. HON'BLE MR. K.S. RATHORE, J. Mr. M.I. Beg for the petitioner. Mr. Arun Sharma, Public Prosecutor for the State. Mr. Hridayesh Singh for the respondent No.2. **** The instant criminal misc. petition under Section 482 Cr.P.C. is directed against the order dated 28.02.2007 passed by the Additional Sessions Judge No.2, Bundi in Criminal Revision No. 46/2006 as well as the order dated 05.09.2005 passed by the Additional Judicial Magistrate No.1, Bundi in Case No. 92/2003, whereby the trial Court while allowing the application filed by the respondent wife under Section 125 Cr.P.C., granted maintenance to the tune of Rs. 500/- per month in favour of the respondent wife from the date of filing of the application i.e. 07.03.2003. Learned counsel for the petitioner without arguing the misc. petition on merits, only prayed that the maintenance awarded by the Court below may be awarded from date of passing of the order i.e. 05.09.2005, whereas the same has been awarded from the date of filing of the application i.e. [2] 07.03.2003. He also placed reliance on the judgment rendered by this Court in S.B. Criminal Revision Petition No. 216/2007- Vimal Kumar Vs. Sushila Devi, decided on 08.03.2007. Having considered the submissions made by the learned counsel for the petitioner and looking to the facts and circumstances of the case, in the interest of justice, this Court deem it proper to modify the order impugned dated 05.09.2005 passed by the Additional Judicial Magistrate No.1, Bundi to the extent that the order of maintenance will be effective from the date of passing of the order i.e. 05.09.2005 and not from the date of filing of the application i.e. 07.03.2003. Accordingly, the impugned order dated 05.09.2005 passed by the Additional Judicial Magistrate No.1, Bundi is modified in the terms as indicated herein above. The criminal misc. petition stands disposed of. Record be sent back. (K.S. RATHORE),J. /KKC/