Direction for enhanced maintenance: Review of order is not permissible as it is in the nature of second petition [Read the Order]

June 26, 2019:

Madhya Pradesh High Court has held that review petition is since in the form of second petition filed under Section 482 of Cr.P.C., cannot be entertained according to the bar created by Section 362.

A bench of Justice Dharmadhikari has passed the order in the case titled as NABAV KHAA Vs YASMEEN BEE on 25.06.2019.

review petition has been filed for seeking review of the order dated 04.05.2019 passed in M.Cr.C. No.l 47513/2018, whereby the petition under Section 482 of Cr.P.C. has been preferred challenging the order dated 01.08.2018 passed by I Additional Sessions Judge, Sironj, District Vidisha in criminal revision No. 38/2013, whereby the order dated 15.02.2013 passed by JMFC, Lateri, District Vidisha awarding maintenance under Section 125 Cr.P.C. only to respondent No. 2 to the tune of Rs. 600/- per month has been modified and petitioner has been directed to pay maintenance to respondent No. 1 at the rate of Rs.1500/- per month apart from the maintenance order by the Court below for respondent No. 2. It is submitted by learned counsel for the petitioner that the present review petition has been filed by the petitioner on the ground that certain documents (Annexure P/1) could not be filed earlier and this Court haspassed the order without considering those documents, therefore, apparent error on the face of the record is visible and a liberty may be granted to produce those documents before the trial Court.

High Court however observed and held as "The present review petition is in the form of second petition filed under Section 482 of Cr.P.C., therefore, according to the Section 362, the second petition can only be entertained except to correct clerical or arithmetical error. In the present review petition no such clerical or arithmetical error has been pointed out. The Apex Court in the criminal appeal No. 837/2019 has held that in view of specific bar contained in Section 362 Cr.P.C. such second petition is not maintainable".

Read the Order here: