MARYAM BI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PERUSED the application and impugned order. It appears that the trial Judge refused to register the case of the applicants under Section 125 Cr.P.C. merely because the applicant was not present in court at the time of filing the application. This is apparently erroneous. The learned Magistrate must hear in mind that Chapter IX of the Criminal P.C. gives special powers to Criminal Court and lays down procedure almost similar to that of a Civil Court. The procedure is entirely distinct from the rest of the Code dealing with criminal matters. As such presence of the applicant at the stage of filing application under Section 125 Cr.P.C. is not a must. She may succeed or fail on the proof of her allegations or otherwise. No verification Statement of applicant is necessary. As such the order of the trial J.M.F.C. is bad in law per se. Rule made absolute impugned order if set aside. The Trial Court is directed to register the application and proceed according to law. Rule made absolute.