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Mohd. Naim Siddiqui Vs. Smt. Sultana Khatoon - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 146 of 1981
Judge
Reported in(1982)3SCC369
ActsCode Of Criminal Procedure (Cr.P.C), 1973 - Section 125
AppellantMohd. Naim Siddiqui
RespondentSmt. Sultana Khatoon
Excerpt:
- [ a. varadarajan and; v.d. tulzapurkar, jj.] -- criminal procedure code, 1973 — section 125 — supreme court under article 136 satisfied that husband was not served with notice — ex parte order of the magistrate and of the high court set aside and matter remanded for being disposed of afresh by the magistrate -- the matter is remanded back to the learned trial magistrate for being disposed of afresh in accordance with law. the counsel for the appellant has assured us that the appellant waives service and will appear before the trial magistrate......had not been served with notice when the matter was decided against him ex parte by the learned trial magistrate. we accordingly set aside the order dated november 25, 1979, passed by the high court in revision as also the ex parte order passed by the learned trial magistrate in original complaint under section 125, criminal procedure code. the matter is remanded back to the learned trial magistrate for being disposed of afresh in accordance with law. there will be no fresh service on the husband. the counsel for the appellant has assured us that the appellant waives service and will appear before the trial magistrate. the learned trial magistrate is directed to dispose of the matter as expeditiously as possible preferably within four months from the date of the receipt of this order......
Judgment:

V.D. TULZAPURKAR, J.

1. Special leave granted.

2. After hearing counsel on either side we are satisfied that in this case the husband had not been served with notice when the matter was decided against him ex parte by the learned Trial Magistrate. We accordingly set aside the Order dated November 25, 1979, passed by the High Court in revision as also the ex parte order passed by the learned Trial Magistrate in original complaint under Section 125, Criminal Procedure Code. The matter is remanded back to the learned Trial Magistrate for being disposed of afresh in accordance with law. There will be no fresh service on the husband. The counsel for the appellant has assured us that the appellant waives service and will appear before the Trial Magistrate. The learned Trial Magistrate is directed to dispose of the matter as expeditiously as possible preferably within four months from the date of the receipt of this order. The appeal stands disposed of accordingly with no order as to costs.


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