Pratapsingh Motiyani vs Harish Motiyani
2023 Latest Caselaw 21319 MP

Madhya Pradesh High Court

Pratapsingh Motiyani vs Harish Motiyani on 13 December, 2023

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                             ON THE 13 th OF DECEMBER, 2023
                                           CRIMINAL REVISION No. 1107 of 2023

                           BETWEEN:-
                           PRATAPSINGH MOTIYANI S/O SHRI NAVALMALJI
                           MOTIYANI, AGED ABOUT 72 YEARS, OCCUPATION:
                           RETIRED GOVT. EMPLOYEE 100/6, GOVERDHANDHAM
                           NAGAR UJJAIN (MADHYA PRADESH)

                                                                                         .....PETITIONER
                           (SHRI NAMIT JAIN, LEARNED COUNSEL FOR THE PETITIONER ).

                           AND
                           1.    HARISH MOTIYANI S/O SHRI PRATAPSINGH
                                 MOTIYANI,   AGED  ABOUT    41 YEARS,
                                 OCCUPATION:       BUSINESS       100/6,
                                 GOVERDHANDHAM NAGAR UJJAIN (MADHYA
                                 PRADESH)

                           2.    DEEPAK MOTIYANI S/O SHRI PRATAPSINGH
                                 MOTIYANI,   AGED     ABOUT     30   YEARS,
                                 OCCUPATION: JOB M.P.R.D.C., NEAR FREEGANJ,
                                 RAILWAY BRIDGE, MADHAVNAGAR, UJJAIN
                                 (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (SHRI TRILOK BALANI, LEARNED COUNSEL FOR THE RESPONDENT [R-
                           2]).

                                 This revision coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

1.This revision petition has been filed under Section 397/401 of the Code of Criminal Procedure, 1973 being aggrieved by the judgment dated 06.12.2022, passed by the learned Principal Judge, Family Court Ujjain, in MJC No. 03/2021 whereby the .Principal Judge has dismissed the application filed under Section

125 of CrPC.

2.During the course of arguments, learned counsel for the applicant submitted that the applicant is an ex-employee of Indian Railway and is getting pension of Rs. 15,000/-. As per the applicant, he is maintaining his wife and giving her maintenance of Rs. 6,000/-. As such, if the version of the applicant is accepted, even then remaining pension will be Rs. 9,000/-. Hence, The applicant cannot be ascertained as a person who is unable to maintain himself. The income of both sons are also not properly proved before this Court.

3.In view of above and looking to the limited jurisdiction of revision, this petition stands dismissed.

(PREM NARAYAN SINGH) JUDGE VD