1978 (11) TMI 157 - SC - Indian Laws

Summary

Issues Involved:
1. Competency of the Revision Application to the High Court under Section 397(3) of the CrPC 1974.
2. Applicability of Article 227 of the Constitution.
3. Continuance of maintenance order under Section 488 of the CrPC 1898 after the enactment of the CrPC 1974.
4. Application of Section 127 of the CrPC 1974 for cancellation of maintenance order.

Summary:

1. Competency of the Revision Application to the High Court under Section 397(3) of the CrPC 1974:
The first issue was whether the High Court was precluded from interfering with the Magistrate's order due to Section 397(3) of the CrPC 1974. Section 397(3) prevents multiple exercises of revisional powers to secure early finality to orders. The respondent's revision application to the High Court was deemed incompetent as it was barred by Section 397(3) after the Sessions Judge had already been approached.

2. Applicability of Article 227 of the Constitution:
The respondent suggested that the revision application could be sustained under Article 227 of the Constitution. However, the High Court did not purport to exercise its power of superintendence under Article 227. The power under Article 227 is discretionary and is meant to keep subordinate courts within their authority, not to correct mere errors. The 42nd Amendment Act further restricted this power, and the High Court's order could not be sustained under Article 227.

3. Continuance of maintenance order under Section 488 of the CrPC 1898 after the enactment of the CrPC 1974:
Section 484(2)(b) of the CrPC 1974 provides that orders made under the old Code shall be deemed to have been made under the corresponding provisions of the new Code. The maintenance order under Section 488 of the old Code was deemed to be made under Section 125 of the new Code. Despite the change in law, Section 125 of the new Code corresponds to Section 488 of the old Code, and the maintenance order did not automatically cease to be effective with the enactment of the new Code.

4. Application of Section 127 of the CrPC 1974 for cancellation of maintenance order:
Once the maintenance order under Section 488 is deemed to be an order under Section 125 of the new Code, it must also be subject to Section 127 of the new Code. Section 127 allows for the cancellation of maintenance orders upon proof of a change in circumstances. The attainment of majority by the respondent and the change in law were circumstances that entitled the appellant to have the maintenance order cancelled. The appeal was allowed, and the judgment of the High Court was set aside.