ARUN DAS Vs. LAXMI RANI DAS

JUDGEMENT

(1.) HEARD , Mr. N. Majumder, learned counsel appearing for the appellant as well as Mr. S. Saha, learned counsel appearing for the respondent.

(2.) THIS appeal on the face of it is not maintainable inasmuch as any order passed under Chapter IX of the Code of the Criminal Procedure, 1973 can only be challenged under Section 19(4) of the Family Courts Act 1984. However, Mr. Majumder, learned counsel appearing for the appellant has submitted that Section 19(1) of the Family Courts Act, 1984 has provided that as save and as provided in Sub -section 2 and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law.

(3.) HENCE , in the considered opinion of this Court, the appeal under Section 19(1) of the Family Courts Act, is not maintainable against the order passed under Chapter IX of the Code of Criminal Procedure, 1973. The remedy would lie under Subsection 4 of Section 19 of the Family Courts Act, 1984. Since this appeal directed against the order under Chapter IX of the Cr.P.C., 1973, cannot be maintained, this Court on its own motion is inclined to convert this appeal to a revision. Mr. Majumder, learned counsel for the petitioner has not expressed any reservation to this proposition. The Registry is directed to renumber this appeal as the criminal revision for proper maintenance of the records.