TEST •^wi'ft^, ti-^ww, (cfcsiyy ^^ Sn^Ts-^1'^ •S-RiTwgfsa sn^i ^rafel'a-l •WRff•^fSCSt^FRR i? aiRffl sii^w HIGH COURT OF CHtlATTISGARH AT BILASPUR CR.M.P. 0. 277 of 2007 APPLICANT Non-applicant NON-APPUCANTS Applicants Ram Das, S/o Hiravan, Aged about 55 years, R/o SECL Quarter No. 64/5619 Katkona Mines Colony, Katkona Colliery, Distt. Korea (CG). VERSUS 1. 2. 3. 4. 5. 6. Present: Shri D.N. Prajapati, cc Smt. Pila Bai, W/o Ram Das, aged about 45 years, Gangeshwar, S/o Ramdas, Aged about 14 years, Kamla, D/o Ram das, Aged about 12 years, Phaleshari, D/o Ram Das, Aged about 10 years, Shanti D/o Ram Das, Aged about 4 years, Kanti D/o Ram Das Aged about 2 years, No. 2 to 6 are minors through mother Smt. Pila Bai, All R/o Village Aghina, P.S. Pratappur, Distt. Sarguja (C.G.) unsel for the applicant. ^W^fHRf^ r:/"'- 3^q- ^m^, ^Tf)^i|<B, R^wy •':sri S1IS?I %ci»? tos< •gCTW^ifeisn^T ^piferiN-wraf •?.fe<d•rf^fsn: •S? siSR giAg ij ORDER (? Dhjrendra Mishra, J The applicant has iifipugned the ord.er dated 30.05.2007 passed in criminal revisi^: Additional Sessions Judgej dismissed the criminal ri against the order datef^ Magistrate First Class, Pr| interim maintenance pass^ the rate of Rs.2500/- per under Section 125 of the Ci Learned counsel for Courts below have commi maintenance from the dati could be awarded from thei of application under Sectioi From perusal of the 1 below it appears that non' minor children have prefer^ed which is pending before the proceedings an application with the aUegation that th< 2.08.2007) in No. 71/07 whereby the leamed (FTC), Pratappur, Distt. Sarguja has ivision preferred by the applicant 12.12.2005 passed by Judicial itappur and confirmed the order of d in favour of the non-applicants at pionth from the date of application h.P.C. :he applicant submits that both the ted a illegality by allowing interim of application and at the most it date of order and not from the date 125 ofthe Cr.P.C. orders passed by both the Courts [applicant No. 1, wife and her five the application for maintenance learned Magistrate and in the said for interim maintenance was filed applicant has contracted marriage S-HC—78 -s^f ^m^, ^Til^'is, tsi^ray tf^ ASSSl®31"*'~ h |(|fi.)iill •WRTf ^fSW 1 sifgsisn^^ with another lady just bejore a month of filing the application under Section 125 of| Cr.P.C. and ousted the non- applicant/wife and his rr^nor children from the home. The applicant is a loader in $ECL and is getting Rs.10,000/- to Rs.15,000/- per month |and he is also in possession of agricultural land. Both the Courts bejow taking the overall view on the application under Section minor children and their 125 of Cr.P.C considering that five mother, non-applicant No.l, were ousted from their matrimoijiial home by the applicant and also considering income of the | applicant, have passed the above orders. There is no illegalit^ or infirmity in the impugned order which warrants interference In the result, the pe liable to be disruissed at accordingly dismissed. in the exercise of inherent powers. [ition being devoid of substance is the admission stage itself and is Sd/- Dhirendra Mistea Judge