1987 ALL. L. J. 535 ::1987 UP CriR 175 ::(1987) AllCriR 282 ::(1987) AllCriC 158 ::(1987) 1 HinduLR 591 ::(1987) 2 AllCriLR 318 ::(1987) All WC 640 ::(1987) 13 All LR 397 ::(1987) 2 Crimes 194 ::(1987) 1 DMC 513 ::1987 ALLAPPCAS (Cri) 181

Allahabad High Court

Hon'ble Judge(s): R. P. Shukla , J

Criminal P.C. (2 of 1974) , S.401, S.125— Revision - Additional evidence - Cannot be admitted - Proceedings under S. 125 against husband - Trial Court after considering entire evidence on record granting maintenance to wife - Revision by husband - Criminal proceedings under S. 323/325, IPC also filed against husband -Sessions Judge cannot admit observations made in proceedings under S. 323/325, I.P.C. to the proceedings under S. 125, Cr. P.C. and set aside order of maintenance - Two proceedings being independent Principle of stare decisis does not apply. In the instant case application for maintenance was filed by wife under S. 125, Cr. P.C. The Magistrate after consideration of entire evidence on record found the case of applicant-wife true and that she was being cruelly treated by her husband and was turned out of the house. The Magistrate awarded Rs. 150/- as maintenance. Criminal proceedings under Ss. 323 and 325, I.P.C., were also instituted against husband. The husband preferred revision against order granting maintenance. Sessions Judge relied upon observation made in proceedings under S. 323/325, I.P.C., and also upon observations made in application for restitution of conjugal rights filed by the husband and admitted in proceedings under S. 125 and reversed the order of trial Magistrate allowing maintenance. Held, the Sessions Judge c....