1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.M.O. No. 93 of 2009. Date of decision: 21.8.2009 Devinder Kumar …….Petitioner Vs. Nirmla Devi and Ors. ….. Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1No For the Petitioner : Mr. Mohan Singh, Advocate. For the Respondents : None. Kuldip Singh, Judge(Oral) This is a petition under Section 482 Cr.P.C. for quashing and setting aside judgment dated 29.6.2009 passed by learned Addl. Sessions Judge, Solan in Revision Petition No.1-S/10 of 2009 along with judgment dated 3.10.2008 passed by learned Judicial Magistrate Ist Class, Kandaghat in Cr. Case No.29/4 of 2007. 2. The facts in brief are that respondents had filed a petition under Section 125 Cr.P.C. against the petitioner which was allowed by learned Judicial Magistrate Ist Class, Kandaghat on 3.10.2008 and the petitioner was directed to pay maintenance at the rate of Rs.500/- per month to each of the respondents from the date of filing of the petition which was filed on 8.6.2007. The petitioner Whether the reporters of the local papers may be allowed to see the Judgment?Yes 2 filed revision against the judgment dated 3.10.2008 which was dismissed by learned Addl.Sessions Judge, Solan on 29.6.2009. In these circumstances the petitioner has now assailed the order dated 3.10.2008 and order dated 29.6.2009 by way of petition under Section 482 Cr.P.C. 3. The record was summoned, heard learned counsel for the petitioner and perused the record. The learned counsel for the petitioner has submitted that the respondents have failed to prove that they have no means to maintain themselves nor it has been proved by them that petitioner has neglected to maintain the respondents. According to the learned counsel for the petitioner, the respondent No.1 has large property from which she is deriving income with the help of servant. The respondent No.1 has means to support herself and maintain respondents No.2 to 4. It has been contended that the respondent No.1 has turned out the petitioner from the house. 4. The learned counsel for the petitioner has referred to the statement of PW-1 Nirmla Devi and RW-1 Devinder Kumar in support of his submissions. PW-1 has filed her affidavit Ex.PW-1/A in evidence and has stated that for her livelihood she is working as a labourer and with the help of a Nepali, who was kept by her husband, she is cultivating the land. On the land her husband has taken huge loan amounting to Rs.87 lacs. The Bank people had visited the spot and had threatened that they would take possession of the land. In cross-examination PW-1 has stated that land is about 12-13 bighas where she is residing. This land belongs to two brothers. The land under cultivation is only 2 bighas and rest of 3 the land is stony and ghasani. The land is not irrigated. She has stated that one servant Ramu Nepali resides in the house who was kept by her husband. She does not pay any salary to Ramu Nepali. She has stated that the petitioner has deserted her from the year 1999-2000. 5. RW-1 Devinder Kumar in his statement has not stated that how much income respondent No.1 is generating from the land. He has stated that he is earning livelihood by working as daily wager. He has stated that he has left the house four years ago. There is nothing in the statement of the petitioner that respondent No.1 is having means to maintain herself and respondents No.2 to 4. The trial Court after considering the evidence has awarded maintenance of Rs.500/- per month to each of the respondents. The order of the trial Court has been upheld by learned Addl. Sessions Judge in revision. The petitioner has failed to point out any jurisdictional error in the judgment dated 29.6.2009 and the judgment dated 3.10.2008. The petition under Section 482 Cr.P.C. cannot be treated as second revision. The two courts below after due appreciation of the evidence on record have awarded maintenance to the respondents. The learned counsel for the petitioner has failed to make out any case for interference. Accordingly, petition is dismissed. ( Kuldip Singh) Judge August 21, 2009 (sks)