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1987 Supreme(MP) 14

High Court Of Madhya Pradesh
K. L. Shriyastava, J.
VALLABHDAS RAMCHANDRA
Versus
AYODHYABAI
Decided On : Jan 15,1987

Advocates Appeared:
A.S.KUTUMBALE,

Headnote:(1) Criminal procedure code, 1973 - S. 399(3) and 482 - bar to second revision under S.399(3) - cannot be passed away by use of inherent powers.

       (2) Criminal procedure code, 1973 - S.462 - objection as to jurisdiction not raised in first Court - defect can be cured under this section.

       (3) Criminal procedure code, 1973 - S. 128, 125 and 126 - order under section 125 - can be enforced by any Magistrate.

JUDGMENT :

( 1. ) BY this application, the petitioner seeks setting aside of the order dated 26-8-1986 passed by the learned Sessions Judge, Shajapur in Cr. Rev. No. 65 of 86 preferred by him against an adverse order against him in proceeding in connection with recovery proceedings pursuant to an order made under Section 125 of the Code of criminal Procedure 1973 (for short the Code) passed by the J. M. F. C. Khilchipur on the application by the non-applicant.

( 2. ) PETITIONER contention is that the non-applicant Ayodhyabai has started recovery proceedings in the Court of J. M. F. C. Khilchipur and also in the Court of j. M. F. C. Sarangpur.

( 3. ) BY the impugned order the learned Sessions Judge has held that the J. M. F. C. Sarangpur may consider the objections urged by the petitioner except the one relating to his jurisdiction.

( 4. ) SECTION 126 (1) of the Code points out the territorial jurisdiction for proceeding under Section 125 ibid. Section 128 of the Code providing for enforcement of order under Section 125 lays down that it may be enforced by "any Magistrate in any place where the person against whom it is made may be. " It is clear that the jurisdiction regarding enforcement of the order under Section 125 of the Code is not restricted to the Magistrate who had passed it. It may also be pointed out that where objection as to jurisdiction is not raised in the first Court, Section 462 of the Code is there to cure any such defect.

( 5. ) SECTION 399 (3) of the Code expressly bars a second revision. Inherent powers under Section 482 of the Code cannot be permitted to be used to circumvent the bar as to second revision contained in the aforesaid provision. No case for interference in exercise of the inherent powers of this Court has been made out.

( 6. ) IN the result, the application is dismissed summarily without notice to the other side. Application dismissed.



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