9911796707
TMI Blog2002 (2) TMI 1361X X X X Extracts X X X X X X X X Extracts X X X X ..... enance for the wife which was confirmed by the learned 4th upper additional sessions judge, Jabalpur. From the discussions in the impugned order, it appears that the High Court interfered with the concurrent orders of the courts below mainly on two grounds; that the wife has left the matrimonial home voluntarily; and that she admitted that she was earning Rs. 50/- per day by agricultural operation. The High Court also observed that in her statement she accepted the position that her father-in-law owned no agricultural land and that her husband, who was wandering aimlessly, had no source of income. 3. Before taking up the merits of the case, it would be proper to consider the exercise of jurisdiction under Section 482 Cr. P.C. by the High C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utilized for exercising powers which are expressly barred by the Code..." 5. In the case of Krishnan & Anor. Krishnaveni & Anor. 1997CriLJ1519 : 1997CriLJ1519 , a three judge bench of this Court held that the inherent power of the High Court is not one conferred by the Code but one which the High Court already has in it and which is preserved by the Code and that the object of Section 397(3) is to put a bar on simultaneous revisional applications to the High Court and the court of sessions so as to prevent unnecessary delay and multiplicity of proceedings. This Court made the following observations in paragraph 10 of the judgment: "Ordinarily, when revision has been barred by Section 397(3) of the Code, a person -accused/complainant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e recent trend is to delay the trial and threaten the witness or to win over the witness by promise or inducement. These malpractices need to be curbed and public justice can be ensured only when trial is conducted expeditiously." 6. Therefore, the question that arises for consideration is whether on the facts and circumstances it can be said that the case made out by the petitioner before the High Court was an exceptional one in which allowing the order passed by the learned magistrate, which was confirmed by the learned 4th additional sessions judge in revision to stand, would result in abuse of the process of the court and lead to failure of justice. To put it differently, does the statements made by the wife that she had left the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
