HIGH COURT OF CHHATTISGARH AT BILASPUR APPLICANT: CRIMINAL REVISION N0. 586/2006 Jaynandan Singh, S/o. Guleshwar Singh, aged about 32 years, Caste Rautiya, Occupation Rajmistry and agriculture, resident of village Korenga, P.S. Kunkuri, Tahsil Bagicha, District Jashpur (C.G.). VERSUS RESPONDENT: Smt. Katlashpati Bai, W/o. Jaynandan Singh, aged about 26 years, Caste Rautiya, resident of village Korenga, Tahsil Bagicha, District Jashpur (C.G.). CRIMINAL REVISLON UNDER SECTION 397 READ WITH 401 OF CR.P.C. (SB :Hon>ble Mr. T.P.Sharma, J.) Present: - Shri Raghvendra Pradhan, Advocate for the applicant. Shri Yogesh Chandra, Advocate for the non-applicant. ORAL- ORDER (Passedon 04/03/2011) 1. By this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short 'the Code?) applicant has challenged the legality and propriety of the order dated 30/6/2006 passed by Additional Sessions Judge, Jashpur, District Jashpur in criminal revision No. 9/2005 reversing the order dated 25/6/2005 passed by Chief Judicial Magistrate, Jashpur Nagar in Misc. Criminal Case No. 67/02 wherebylearned ChiefJudicial Magistrate, Jashpur Nagar has dismissed the application filed on behalf ofthe non-applicant under Section 125 ofthe Code. While reversing the order impugned, revisional Court has awarded maintenance of Rs. 800/- per month to the non-applicant. 2. Shri Raghvendra Pradhan learned counsel for the applicant and Shri Yogesh Chandra learned counsel for the non-applicant are heard. 3. Order of both the Courts below and record of both the Courts below perused. ^ 4. Learned revisional Court has awarded maintenance on the ground that applicant has remarried with one Devmati Bai but nothing has been s.uggested by the non-applicant to present applicant relating to second marriage, she and her witness Jamahir Singh resident of village Korenga, Tahsil Bagicha has stated in their evidence in affidavit that applicant has remarried with another woman Devmati Bai. In absence of any suggestion to applicant relating to second marriage only on the basis of evidence on affidavit of non-applicant and his witness was not ^sufficient for awarding the maintenance on the ground of second marnage. 5. While awarding the maintenance on the aforesaid ground definitely, Courts below have committed an illegality. Consequently, criminal revision is allowed. Order of both the Courts below are hereby set-aside. Case is remanded back to the Court of Chief Judicial Magistrate, Jashpur Nagar for providing an opportunity pf adducing evidence relating ta claim of maintenance. specially on the ground of second marriage and to pass the order afresh. 6. Parties are directed to present before the Chief Judicial Magistrate, Jashpur Nagar on 13/04/2011. Sd/- T.P. Sharma Judge Tir"