@JUDGMENTTAG-ORDER
D.N. Prasad, J.@mdashThis application has been filed u/s 397 and 401 of the Code of Criminal Procedure against the order dated 15.5.2001 passed by Judicial Magistrate. Rajmahal in Cr. Misc. No. 1/86, by which the prayer for issuance of a direction to D.R.M. Malda for payment of petitioner''s due against the Opposite Party No. 2 has been rejected.
2. The learned Counsel appearing for the petitioner submitted that the application filed u/s 125. Cr C for maintenance to the petitioner was already disposed of as back as on 26.3.1990 in terms of compromise entered into between both parties and this order i.e. 15.5.2001 is quite illegal in view of the aforesaid order passed in terms of the compromise.
3. On the other hand, the learned Counsel for the Opposite Party No. 2 contended that there was a direction also in Cr. Rev. No. 427 of 1997 and the Opposite Party No. 2 is also complying the order passed as back as in the year 1990 in terms of compromise.
4. Since, the order passed as back as on 26.3.1990 in terms of compromise is quite clear and in detail, the learned Judicial Magistrate in passing the Order dated 15.5.2001 committed error in holding and rejecting the petition of the petitioner.
5. In the result, this application is allowed. The order dated 15.5.200] is. hereby, set aside.
6. The Opposite Party No. 2 is directed to comply the order already passed as back as on 26.3.1990.
