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High CourtsSingle Bench(1976) 05 AHC CK 0065

Mohammad Hanif Khan vs Smt. Shamim Begum and Another

Allahabad High Court · Decided on 17 May 1976 · Citation: (1976) AWC 491

HON’BLE JUDGES
B.N. Katju, J
RESULT
Dismissed
CASE NUMBER
Criminal Rev. No. 1262 of 1975 in Case No. 342 of 1974

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Judgment

6 paragraphs · 345 words

B.N. Katju, J.—This is ah application in revision against the order of Judicial Magistrate, Shahjahanpur dated 5-8-1975 directing the applicant to pay Rs. 125/- per month as maintenance allowance to his wife Smt. Shamim Begum opposite party No. 1 u/s 125 Code of Criminal Procedure 1973.

2.

A preliminary objection has been raised by the learned Counsel for opposite party No. 1 that this application is not maintainable.

3.

The applicant filed Criminal Revision No. 77 of 1975 on 10-10-1975 in the court of Sessions Judge, Shahjahanpur against the order of Judicial Magistrate Shahjahanpur dated 5-8-1975 which was pending when he filed the present revision in this Court on 17-11-1975. Sub-section (3) of Section 397 Code of Criminal Procedure 1973 runs as follows:

If an application under this section has been made by any person either to the High Court or to the Sessions Judge no further application by the same person shall be entertained by the other of them.

4.

It is clear from a plain reading of Sub-section (3) of Section 397 Code of Criminal Procedure that this Court could not entertain the present revision against the order of the Judicial Magistrate I, Shahjahanpur dated 6-8-1975 on 17-11-1975 as an application in revision had been made by the applicant before the Sessions Judge, Shahjahanpur on 10-10-1975. It is true that the applicant got his Criminal Revision No. 77 of 1975 filed in the court of Sessions Judge, Shahjahanpur on 10-10-1975 dismissed on 18-2-1976 as not pressed but this cannot give power to this Court to entertain the present revision filed on 17-11-1975. ft is not the decision of a revision application by the Sessions Judge which bars the filing of a second revision application by the same person in the High Court but the mere making of an application in revision before a Sessions Judge makes the revision application of the same person before the High Court not maintainable.

5.

This application in revision was, therefore, clearly not maintainable in view of Section 397(3) Code of Criminal Procedure 1973. It is accordingly rejected.