1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3701/2006 Kisan Ruprao Gaigole vs. Sou. Kusum w/o Kisan Gaigole and others. ------------------------------------------------------------------------------------------------------------------ Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ----------------------------------------------------------------------------------------------------------------- CORAM : A.P.LAVANDE, J DATE : 4.6.2008 Heard Shri Khare, learned counsel for the applicant. None present on behalf of respondents 1,3 and 4 though served. By this application under Section 482 of Cr.P.C. the applicant takes exception to the order dated 5.9.2006 passed by the Judicial Magistrate, First Class, Wardha in Misc. Criminal Case No. 172/95 by which arrest warrant has been issued against the applicant. The grievance of the applicant is that he has paid excess amount of maintenance to the respondents and, therefore, the learned Magistrate could not have issued warrant against the applicant. From perusal of the records it appears that the learned Magistrate before passing the impugned order has not verified as to whether the amount of maintenance as ordered has been actually paid or not. In my opinion, the learned Magistrate ought to have verified whether the amount by way of maintenance as ordered has been actually paid or not by the applicant and only thereafter ought to have passed appropriate order in accordance with law. 2` In view of the above, the order issuing warrant against the applicant is set aside and the learned Magistrate is directed to verify whether the applicant has paid the amount of maintenance as ordered and only thereafter pass appropriate order in accordance with law. The application stands disposed of accordingly. Judge patle