RAJ KUMAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE instant criminal revision application has been filed against order dated 26.2.2008 passed by the Principal Judge, Family Court, Madhubani, whereby he has rejected the prayer of the petitioner made under Section 125(4) of Cr.P.C. for recalling the earlier ex parte order dated 26.2.2008 passed in -M.R. No. 6/99/T.R. No. 887 -99 alleging adultery as a ground. The Stamp Reporter has pointed that a Civil Revision application would lie from an order of Principal Judge, Family Court in view of the decision of this Court reported in : 2006 PLJR 333: Smt. Lata Devi & Ors. vs. Umesh Nandan Sharma. However, the Stamp Reporter also pointed out that the Allahabad High Court vide, A.I.R. 206 NOC 208 has held that criminal revision would lie from an order in a proceeding under Section 125 of Cr.P.C.

(2.) IN case of Smt. Lata Devi and Ors. reported in : 2006 P.L.J.R. 333 the learned Judge after examining section 7(2)(A), Section 10 and Section 19(4) of the Act observed that though the procedure to be followed in the matters under Chapter -IX of the Cr.P.C. would be subject to the provisions of Cr.P.C. but nevertheless the court would be a civil court. The learned Judge also drew analogy and observed that a civil revision is maintainable against an order of eviction passed following procedure as prescribed under Section 14 of B.B.C. Act. It was further noticed that a Division Bench of Jharkhand High Court in case of Nasreen Begum @ Nasreen Khatoon vs. State of Jharkhand and Ors. (2006 Cr.L.J. 326) :, 2005 (3) JLJR 690] held that Section 19(4) of the Family Court Act inserted by Act 59 of 1991 refers to civil revision and not criminal revision. The learned Judge also relied upon a Division Bench decision of Karnataka High Court reported in the case of Sateppa Bassappa vs. Ku. Geetha:, 1999 Cr.L.J. 927. However His Lordship was not in agreement with the contrary view taken in, 2006 NOC 268 Allahabad which referred to Full Bench decision of M.P. High Court.

(3.) IT is true that substantive relief which is ordered in respect of proceeding under Section 125 Cr.P.C. under Chapter -IX of Cr.P.C. is substantially in monetary form being a sum for maintenance of widow and children and the likes. Still prior to coming of the present enactment, i.e. Family Courts Act, 1984 criminal revision was maintainable under Section 397 read with Section 401 of Cr.P.C. The procedure which was followed was one that was prescribed in the Cr.P.C. itself.