Section 245 (1) Cr. P. C. does not apply to maintenance proceedings under Section 125 Cr. P. C.

B. SUBHASHAN REDDY, J.

( 1 ) THIS Revision arises out of the proceedings initiated by the petitioner under Section 125 Cr. P. C. for maintenance against her husband i. e. , the 1st respondent herein. On the ground of neglect, the petitioner instituted M. C. No. 4/91 against the 1st respondent for maintenance and at an earlier point of time, the 1st respondent tried to pre-empt the said proceedings by filing quash proceedings before this court in Crl. P. No. 1333/91, but the same was dismissed by order dated 30-1-1992 on the ground that the allegations made by him that the petitioner was divorced have got to be enquired into and that the maintenance proceedings cannot be interdicted so saying, the petition to quash the proceeding was dismissed. In consequence of the same, enquiry had to be held by the court of the Magistrate, but the 1st respondent though had filed counter, had been protracting the litigation. Again, he had filed a Criminal Miscellaneous Petition No. 16/93 before the court of magistrate invoking the provisions contained under Section 245 (1) Cr. P. C. to drop the proceedings on the ground that the petitioner was already divorced and that she is a divorced woman as defined under section 2 (a) of Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as the Act ). The petitioner had contested the said application by filling a counter stating that section 245 (1) Cr. P. C. is not applicable and that enquiry has to be conducted as contemplated under the provisions contained under Section 125 Cr. P. C. and other related provisions and that Criminal miscellaneous Petition should be dismissed

( 2 ) BY order dated 19-1-1993, the court of I Additional District Munisif, cuddapah had acceded to the contention of the 1st respondent and held that the said court had no jurisdiction to entertain the maintenance proceedings initiated by the petitioner on the ground that she was a divorced woman under the above Act. Hence, this Revision.

( 3 ) THE learned counsel for the petitioner submits that the miscellaneous petition before the lower court was not maintainable and that the lower court was bound to enquire into the matter and only after fulfledged enquiry, matter could be decided. On the other hand, the learned counsel for the 1 st respondent submits that the order passed by the Magistrate is in accordance with law and that after scanning through the material placed by the 1st respondent, it was properly held that the petitioner was a divorced woman and that section 125 Cr. P. C. proceedings were not maintainable.

( 4 ) UNDER Criminal Procedure Code, a separate chapter (Chapter IX) was made to deal with the maintenance cases. Even though Criminal Court had to deal with the case and the right is created under the code of Criminal Procedure, proceedings are civil in nature. Application of Section 245 (1) of Cr. P. C. does not arise at all section 245 (1) Cr. P. C. deals with the discharge of accused and reads;"if upon taking all the evidence referred to in Section 244, the magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him. "section 244 Cr. P. C. contemplates the procedure to be followed by the Court of magistrate in a warrant case instituted otherwise than on a police report under which the Magistrate has to proceed to hear the prosecution and take all such evidence, as may be produced, in support of the prosecution. Neither Section 244, nor Section 245 Cr. P. C. can be made applicable to proceedings under Section 125 Cr. p. C. Sections 244 and 245 Cr. P. C. apply to the cases tried for criminal offences and that is a general procedure applicable to all such category of cases instituted otherwise than on a police report. But a special procedure is carved out in so far as Section 125 Cr. P. C. Proceedings are concerned It cannot be equated to a private complaint so th

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