Case Note & Summary
The petitioner, Mrs. Neelam Manmohan, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging the order dated 30.07.2015 passed by the trial court in a maintenance proceeding under Section 125 CrPC. The petitioner, appearing in person, contended that the trial court had misread and incorrectly weighed the evidence on record, and that the order was perverse. She argued that the respondent had suppressed gains made in association with her and that the trial court had failed to consider certain documents. The respondents, legal representatives of the deceased husband, opposed the petition, submitting that the trial court had correctly appreciated the evidence and that the revisional court should not interfere with concurrent findings of fact. The High Court, after hearing the parties and perusing the record, held that the revisional jurisdiction under Section 397 CrPC is limited and cannot be exercised as an appellate court. The court found that the trial court's order was based on proper appreciation of evidence and did not suffer from any illegality, irregularity, or perversity. Consequently, the revision petition was dismissed.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Revision - Scope - The revisional court under Section 397 CrPC cannot act as an appellate court and can interfere only if the order is perverse, illegal, or suffers from material irregularity - Held that the trial court's order granting maintenance was based on evidence and did not warrant interference (Paras 5-8).
Issue of Consideration
Whether the trial court's order granting maintenance to the petitioner under Section 125 CrPC suffers from any illegality, irregularity, or perversity warranting interference in revisional jurisdiction under Section 397 CrPC.
Final Decision
The High Court dismissed the criminal revision petition, holding that the trial court's order did not suffer from any illegality, irregularity, or perversity, and that the revisional court cannot interfere as an appellate court.
Law Points
- Maintenance under Section 125 CrPC
- Revision under Section 397 CrPC
- Scope of revisional jurisdiction
- Interference with concurrent findings
