1977 Supreme(AP) 319

Andhra Pradesh High Court
Judges : S.MADHUSUDAN RAO
K. V. V. Prasada Rao - Appellant
Versus
K. Subha Rao - Respondent
Crl. R. C. M. 276 of 1977
Decided On : 11-04-77
Advocates Appeared :
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Headnote:Criminal Procedure Code, 1973, Section 482 Petition for enforcement of the order of maintenance to the minor—Dismissed by Magistrate for default of appearance of the Petitioner—Mother on the day when the case was called—Appearance of petitioner immediately thereafter and filing a petition for restoration—Dismissed on the ground that the Court has no power to restore—High Court can exercise jurisdiction under Section 482 and set aside the order

       Held: In any proceeding arising under the Code, the High Court can exercise its inherent powers saved under Section 482 Cr PC if it considers it necessary to exercise the power for the prevention of the abuse of the proceedings of any Court or to secure the ends of justice In the present case, the facts and circumstances of the case have no doubt that if the order of dismissal is allowed to stand it is bound to result serious miscarriage of justice to the minor whose claim for maintenance, if freshly made, would be barred by limitation to a considerable extent in view of the first proviso to sub-section (3) of Section 125 Cr PC The cause for the absence of the petitioner is justifiable and petitioner for the enforcement of the order of maintenance in favour of the minor deserves to be restored

       Crl RC allowed