Gopal Rao vs Sau Sarla

A.A. Desai, J.—The non-applicant wife Sarla availed the maintenance u/s 125 of the Criminal Procedure Code at the rate of Rs. 150/- per month. In revision, the learned Sessions Judge reversed the order. The non-applicant-Sarla thereupon approached this Court by invoking the revisional jurisdiction under sub-Section (2) of Section 397 of the Code. This Court set aside the judgment of the learned Sessions Judge and restored the order of the learned Magistrate.

In this application, purported to be u/s 482 of the Code, Mr. Bapat, the learned Counsel appearing for the applicant-husband made a grievance that this Court decided the revision presented by non-applicant wife without hearing the counsel for the applicant-husband. As such, the judgment as rendered is illegal and the same needs to be rectified to meet the ends of justice and he is entitled to be heard on the merit of the matter. He submitted that the import of Section 482 of the Code does not suffer from any shrinkage owing to express provisions laid down under the Code.

Section 362 of the Code specifically and expressly prohibits any Court under the Code to review its judgment once the same has been signed. The saving clause of Section 362 does not comprehend the inherent powers u/s 482. In view of the specific bar the inherent powers of this Court u/s 482 of the Code cannot be invoked. We, therefore, cannot entertain the application. The application is, therefore, rejected.