HIGH COURT OF CHHATTISGARH AT BILASPUR CRIMINAL Mlsc.PETI'r10N No. 79/201 1 APPLICANT Narayan Lal Rathiya S/o Paras Ram Rathiya, aged about 32 years, R/o Village Nagai, Police Chowki Jobi, Police Station 85 Tahsil Kharsia, District Raigarh (C.G.) VERSUS NON-APPLICANT Smt. Kiran Rathiya W/o Narayan Lal Rathiya, aged about 23 years, R/o Village Bahirkela, Police Station 86 Tahsil Gharghoda, District Raigarh (C.G.) APPLICATION UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE. (SB :Hon’ble Mr. T.P.Sharma, J.) Presenti- Shri Amit Sharma, Advocate for the petitioner. Respondent not noticed. ORAL- ORDER (Passed on 21/02/201 1) l. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) petitioner has challenged the legality and propriety of the order dated 21/9/2010 passed by Sessions Judge, Raigarh District Raigarh (CG) in criminal revision No. 48/ 10 whereby learned’ Sessions Judge, Raigarh affirming the order granting maintenance passed by Judicial Magistrate First Class, Gharghoda in Misc. criminal case No. 08/07 vide order dated lg/l/QOIO modifying the quantum of maintenance from‘Rs. 2000/— to Rs. 1500/— monthly considering the income of the petitioner Rs. 4500/—. Shri Amit Sharma, learned counsel for the petitioner is heard. Learned counsel for the petitioner submits that petitioner is under obligation to maintain his mother, father 81, brother and Court below has not considered while awarding and modifying the order of maintenance and thereby committed an illegality. 4. Order impugned and other documents perused. Considering the income of petitioner Rs. 4500/—, I do not find any illegality in awarding the maintenance of Rs. 1500/- monthly to respondent i.e. wife of petitioner. Consequently, petition is liable to be dismissed. and is‘ hereby dismissed. Sd/- T.P. Sharma Judge