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.