S. B. CRIMINAL MISC. PETITION NO. 281/2008 DAL CHAND V. STATE OF RAJASTHAN & OTHERS. DATE: 22/09/2008. HON'BLE MR. JUSTICE C. M. TOTLA Mr.Dilip Kawadia , for Petitioner (s). Mr. O.P.Rathi, PP, for the State. As per arguments advanced by the learned counsel for the petitioner, petitioner is son of respondents No.2 and 3 – on the application of respondents No.2 and 3 under Section 125, Cr.P.C., at the stage of evidence of the petitioner, ex parte proceedings was ordered and amount of maintenance of Rs.300/- which payable by the petitioner for each of the respondents, totalling Rs.600/- awarded. As per petitioner, on the day ex parte proceedings were ordered, he due to pressing reasons could not appear and – application for setting the order of ex parte proceedings, too was dismissed. Argued that in the interest of justice a hearing opportunity should be given in the circumstances. Considered. As per copies of the order-sheets submitted by the petitioner, it appears that application of petitioner bearing No.264/06 was dismissed on October 3rd, 2006, for his non-appearance. It does not seem from the order-sheet that this was the proceedings under Section 125, Cr.P.C. As per order dated 28.11.08, by this application order of 3.10.06 was sought to be nullified. As above, it clearly seems that after ex parte award the application for making it bipartite, was dismissed on October 3rd, 06 and then application for setting aside the order of 3rd October, 06 is dismissed on 28.11.08. The same is not denied by the petitioner. Looking to the above, when petitioner is directed to pay maintenance amount of Rs.300/- for each of the respondents who happen to be parents, certainly no case is made out for invoking the provisions of Section 482, Cr.P.C. The petition is dismissed. (C. M. TOTLA), J. scd