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Ragava Appadu Vs. Ragava Appamma - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1915)28MLJ483
AppellantRagava Appadu
RespondentRagava Appamma
Cases ReferredReg. v. Thahu Bin Ira
Excerpt:
- - we think the objection is good......an order under section 488, criminal procedure code awarding maintenance is an order passed in a criminal trial. we think the objection is good. 'clause 7 describes the person against whom proceedings are taken as ' accused' and provides that he may give evidence on his own behalf a right which would exist without being conferred by statute if the proceedings were civil.2. clause 6 provides that the evidence shall be recorded in the manner prescribed for the trial of summons cases, and clause 3 provides that a person neglecting to comply with the order may be imprisoned.3. the bombay high court in reg. v. thahu bin ira (1865) 5 bom. h.c.r. 81 took the view that maintenance proceedings were under the code of criminal procedure then in force a ' judicial proceeding of a criminal court '.....
Judgment:

1. A preliminary objection has been taken that no appeal lies, as an order under Section 488, Criminal Procedure Code awarding maintenance is an order passed in a criminal trial. We think the objection is good. 'Clause 7 describes the person against whom proceedings are taken as ' accused' and provides that he may give evidence on his own behalf a right which would exist without being conferred by Statute if the proceedings were civil.

2. Clause 6 provides that the evidence shall be recorded in the manner prescribed for the trial of summons cases, and Clause 3 provides that a person neglecting to comply with the order may be imprisoned.

3. The Bombay High Court in Reg. v. Thahu Bin Ira (1865) 5 Bom. H.C.R. 81 took the view that maintenance proceedings were under the Code of Criminal Procedure then in force a ' Judicial proceeding of a Criminal Court ' from which no appeal lay.

4. We dismiss the appeal with costs.


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