JAGIR SINGH versus RANBIR SINGH & ANR.

JAGIR SINGH versus RANBIR SINGH & ANR.

The revision application to the High Court was incompetent due to the bar of Section 397(3) CrPC, 1974. Maintenance orders made under Section 488, CrPC, 1898, are deemed as orders under Section 125, CrPC, 1974, but may be cancelled under Section 127 of the new Code in light of changes in law or circumstances. The High Court's power under Article 227 cannot be used to bypass statutory restrictions except in exceptional cases.

Parties
Appellant: Jagir Singh; Respondent: Ranbir Singh; Respondent: Kirpal Kaur
Jurisdiction
India
Judgment Date
09 November 1978
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave Against Punjab & Haryana High Court Order in Criminal Misc. Petition No. 3892 M of 1976
Outcome
Appeal allowed; judgment of the High Court set aside.
Legal Topics
Maintenance, Repeal and Savings, Revisional Jurisdiction, Superintendence of High Courts
Criminal Law Constitutional Law Maintenance Repeal and Savings Revisional Jurisdiction Superintendence of High Courts

Case Brief

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Parties

Jagir Singh

Appellant

Ranbir Singh

Respondent

Kirpal Kaur

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave Against Punjab & Haryana High Court Order in Criminal Misc. Petition No. 3892 M of 1976

Legal Issues

  1. 1 Whether a revision application to High Court is barred by Section 397(3) CrPC, 1974.
  2. 2 Whether maintenance orders under Section 488 CrPC, 1898 are saved after enactment of CrPC, 1974.
  3. 3 Whether Section 125 of CrPC, 1974 corresponds to Section 488 of CrPC, 1898.

Ratio Decidendi

The revision application to the High Court was incompetent due to the bar of Section 397(3) CrPC, 1974. Maintenance orders made under Section 488, CrPC, 1898, are deemed as orders under Section 125, CrPC, 1974, but may be cancelled under Section 127 of the new Code in light of changes in law or circumstances. The High Court's power under Article 227 cannot be used to bypass statutory restrictions except in exceptional cases.

Court Disposition

Appeal allowed; judgment of the High Court set aside.

Orders

  • Revision application to High Court held incompetent.
  • Order for maintenance in favour of respondent (Ranbir Singh) cancelled.