Proceedings under section 488, Cr. P. C. are criminal proceedings and not civil proceedings, and Article 134 (1) (c) of the Constitution is applicable to such proceedings.

I. D. Dua, C. J. (ORAL ).

( 1 ) IN this application for a certificate of fitness for appeal to the Supreme Court from an order made on revision by this Court in proceedings under section 488, Criminal Procedure Code. , a preliminary objection has been raised that Article 134 (l) (c) of the Constitution is inapplicable because proceedings under section 488 are civil proceedings and not criminal proceedings. Reliance in support of this preliminary objection has been placed on a decision of the Supreme Court in Nand Lal Misra v. K. L. Misra, 1960 S. C. R. 4310. Emphasis has been laid on the observations in this judgment that Chapter XXXVI of the Code of Criminal Procedure is a self-contained one and the relief given under it is essentially of a civil nature. From this sentence, it is sought to be argued that the proceedings under section 488 are civil proceedings and not criminal proceedings. Reliance has also been placed on a still more recent judgment of the Supreme Court in Narayan Row v. Ishwar Lal in which while dealing with an appeal from an order made by the Bombay High Court under Article 226 of the Constitution, in a matter pertaining to recovery of income-tax, it was observed that the proceedings were civil proceedings within the meaning of Article 133 (1) (c) of the Constitution. Reference has next been made to a Full Bench decision of the Punjab High Court in Kapur Singh v. Union of lndia () where also the question about the nature of proceedings under Articles 133 and 226 of the Constitution came up for discussion. In my opinion, none of these decisions throw helpful light on the question which the preliminary objection poses. Section 488 reads as under:-

488. "order for maintenance of wives and children.- (1) If any person having sufficient means neglects or refuses to maintain his wife or his legitimate or illegitimate child unable to maintain itself, the District Magistrate, a Presidency-Magistrate, a Sub-divisional Magistrate or a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, at such monthly rate, not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to the same to such person as the Magistrate from time to time directs.

(2) Such allowance shall be payable from the date of the order, or if so ordered from the date of the application for maintenance.

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in manner hereinbefore provided for levying fines, and may sentence such person, for the whole or any part of each month s allowance remaining unpaid after the execution of the "warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

PROVIDED that, if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of. refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

IF a husband has contracted marriage with another wife or keeps a mistress it shall be considered to be just ground for his wife s refusal to live with him:

PROVIDED, further that no warrant shall be issued lor the recovery of any amount due under this direction unless application be made to the Court to levy such amount within a period of one year from the date on which it became due.

(4) No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without s

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