Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1914 Art. 227(5) Criminal Procedure Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1898 (5 of 1898) Constitution of India, Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, Art. 227(5), power of judicial superintendence, scope. J Criminal Procedure Code, 1914 s. 397, introduction of changes for avoidance of delay-S. 484 (2) (b), ''Corresponding provision" scope, application to judicial orders made under Cr.P.C., 1898 - S. 125, whether corresponds to s. 488 Cr.P.C., 1898. Ranbir Singh is Jagir Singh's son from his separated first wife. In 1971 he and his mother applied for maintenance under s. 488 of Cr.P.C., 1898. Although Ranbir Singh was a major, maintenance was awarded to him on the ground that he was a student unable to maintain himself. In April 1974, the new Cr.P.C. came into force, and under s. 127 Jagir Singh applied for cancellation of the maintenance order, on the ground that the major son was not prevented from maintaining himself through any infirmity or abnormality, and was not entitled to maintenance under the new code. The respondent contended that the maintenance order had been validly passed under the old Code, and continued to remain in force notwithstanding the enactment of, the new Code but the Magistrate cancelled the maintenance order, Ranbir Singh's Revision Application was dismissed by the Sessions Court, on the ground that the order made under s. 488 of the Cr.P.C., 1898 would not survive under s. 484(2) of the Cr.P.C. 1974 due to the absence of a corresponding provision under the new Code, enabling his maintenance. He then applied to the High Court for a Revision. The High Court allowed the Revision holding that s. 125 of the Cr.P.C., 1974 did correspond with s. 488 of the Cr.P.C. 1898. The appellant contended that Ranbir Singh's Revision application to the High Court was barred by s. 397(3), Cr.P.C., 1974, and was incompetent, and that his right to invoke revisional jurisdiction of a superior court became exhausted when be moved the Sessions Court in Revision. He further contended that the maintenance order was not saved either by s. 484(2), Cr.P.C. 1974 or sections 6 and 24 of the General Clauses Act. The respondent submitted that his Revision application before the High Court could be treated and maintained, as, one directed against the Sessions Judge's order rejecting his Revision application, or it could be treated as one under Art. 227 of the Constitution. |
Judge | Hon'ble Mr. Justice O. Chinnappa Reddy |
Neutral Citation | 1978 INSC 228 |
Petitioner | Jagir Singh |
Respondent | Ranbir Singh & Anr. |
SCR | [1979] 2 S.C.R. 282 |
Judgement Date | 1978-11-09 |
Case Number | 117 |
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