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Report No. 79

III. Criminal Revisions

14.7. Various orders.-

The orders against which criminal revision may be filed could themselves be of infinite variety-such as orders for security, orders for the maintenance of wives and children, orders of certain types finally disposing of the proceedings, 1-2and orders concerned not with the determination of guilt but with other matters (e.g. disposal of property).

1. Section 397(3), Code of Criminal Procedure, 1973.

2. See also Appendix 4.

14.8. Importance of orders for maintenance.-

We are particularly mentioning1 revisions in regard to orders for maintenance passed under section 12 the Code of Criminal Procedure, since, on a perusal of the reported decision2-3-4 on the subject, it appears that both the jurisdiction of the Magistrate to award maintenance under this section and the powers of the High Court to revise such orders, are assuming greater importance every day. The exercise of the revisional jurisdiction of the Hip Court under the Code, or its supervisory jurisdiction under the Constitution5 has remedied serious injustice that might have otherwise arisen from orders of the Magistrates.

1. Para. 14.7, supra.

2. Mehbubabi v, Nasir Mohd. Sheikh, (1976), Mah LJ 631, summarised in the Yearly Digest (1976), column 813.

3. Mehbubabi v. Nasir Mohd. Sheikh,

4. Kunhi Moyen v. Pthomma, (1976) Kerala Law Times summarised in the Yearly Digest (1976), column 814.

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