SABITA SAHOO Vs. CAPT KHIROD KUMAR SAHOO

JUDGEMENT

(1.) THE short question that arises for determination in this case is whether in a proceeding under Section 125, Criminal Procedure Code the Magistrate has the power to permit the applicant to amend the application filed under the section seeking maintenance.

(2.) IN this petition filed under Sections 399, 401 and 482 of the Code of Criminal Procedure, the petitioner has prayed to quash the order passed by the S.D.J.M., Bhubaneswar on 23 -10 -1989 in Criminal Misc. Case No. 38 of 1988 rejecting her petition to amend the application under Section 125, Cr.P.C.

(3.) FROM the discussions in the impugned order it is evident that, the said ground for rejection of the prayer for amendment of the application under Section 125, Cr.P.C. was that Order 6, Rule 17, C.P.C. has no application to the proceeding under Section 125, Cr.P.C., since it was not a proceeding of civil nature and the Criminal Procedure Code makes no provision enabling the Magistrate to permit amendment of the application under Section 125, Cr.P.C. The learned Magistrate relied on the decision of this Court in the case of Norbet Kispatta v. Mst. Tersa Kerketa, reported in 1971 Criminal Law Journal 1496.