(1.) This criminal revision is directed against the order dated 22.07.2015 passed by the Court of 3rd Additional Sessions Judge, Jabalpur, in Criminal Revision No.15/2015 (Smt. Vinita Dwivedi Vs. Yogendra Nath Dwivedi) whereby, learned Additional Sessions Judge had permitted the respondent Vinita Dwivedi to convert a "criminal revision" into an appeal under section 29 of the Protection of Women from Domestic Violence Act, 2006 (hereinafter referred in this order as "the Act" ).
(2.) The facts giving rise to this criminal revision lie in a narrow compass. The respondent wife Vinita Dwivedi instituted proceedings under section 12 of the Act against applicant Yogendra Nath Dwivedi in the Court of JMFC, Jabalpur. In that proceedings, application under Section 23 (2) was filed by respondent wife for interim maintenance, which was dismissed by learned JMFC by order dated 02.12.2014. Respondent wife filed a "criminal revision" challenging aforesaid order in the Court of 3rd Additional Sessions Judge, Jabalpur. Subsequently, a prayer was made before the learned ASJ for converting aforesaid "Criminal Revision" No.15/2015 into an appeal under Section 29 of the Act. The application was opposed by the applicant husband. However, learned ASJ relying upon the Principles laid down by the Allahabad High Court in the case of Mahesh Kumar Vs. State, 1978 CrLJ 390 , allowed the "criminal revision" to be converted into an appeal under Section 29 of the Act.
(3.) The order dated 22.07.2015 allowing conversion as aforesaid, is subject matter of challenge in this criminal revision before the High Court mainly on the ground that there is no express power granted to subordinate criminal Courts under the Code of Criminal Procedure for permitting conversion of a criminal revision into a criminal appeal. The subordinate criminal Courts do not have inherent powers, reserved for the High Court under Section 482 of the Cr.P.C.; therefore, it has been submitted that learned ASJ has exceeded his jurisdiction by allowing a "criminal revision" to be converted into a "criminal appeal" .