? HIGH COURT OF CHHATTISGARH BILASPUR \ Criminal Misc. Petition No.135 of 2006 Smt. Rajiya Begam, W/o Jamalluddhin, Daughter of Habib Khan, aged about 3O years, Residence (C.G.) Deepak Nagar Durg, Distt. Durg Versus Jamaliudin, S/o Badruddin, aged about 35 years, Residence Kelabadi Durg, Distt. Durg (C.G.) ‘ rthe Code of Criminal Procedure, 1973} APPLICANT: \ NON-APPLICANT: {Aplicaion un ti 4 pt der Secon 82 of Present: v: Mr. S.K. Dadsena, Mr. Abhay Tiwari, counsel for the respondent. s ~‘ - counsel for the petitioner. singi‘e Bench: Hon'ble Mr.’ T.P. sharma, J' ORAL ORDER (19-8—2009) 1. ' the This order is a petition dated 25-2-2006 under Section passed 482 of by the the Cr.P.C. lst Additional for quashment Sessions:- of Judge, Durg in Criminal Revision No.373/2004 whereby learned . I ha've heard learned couhsei for the parties, . impugned and record of the Court below. perused the order V . At the outset, learned counsel for both the parties frankly submit passed ex- dated 15—1—2002 was that the original order awarding maintenance parte against the respondent and after passing of such ‘ order the present respondent has filed an 127‘ (3) (c) of the Cr.P.C. application under Section for aiteration 0f the amount of Q 2 @9 ircumstances relating to divorce after passing ofthe order dated 15- 1—2002. ln absence of any change in the circumstances, the order reversing he dismissal of application filed under Section 127 (3) (6} of the CrP C was not maintainable before the Court below and learned udicial Magistrate First Class has rightly dismissed the application, but the revisional Court has allowed the application. Even in .absence of any change in the‘circumstances, the order impugned is not sustainable. Learned counsel for the respondent further submits that liberty may ‘ be given to the respondent for'flling appropriate application in terms, of Section 126 (2) of the Cr P C for setting aSide the original order of maintenance passed by the JudiCial Magistrate First Class . The order impugned is not sustainable under the law and it is liable to be dismissed Consequently, the petition is allowed and the order impugned is- hereby set aSIde. The respondent may file appropriate application for setting aside the order’ dated 15—1-2002 passed in Misc. Criminal Case No.148/99 by the Judicial Magistrate First Class, ’Durg . Soma c . i t J .