Maintenance Orders U/S 125 CrPC Can Be Recalled U/S 127; Bar U/S 362 CrPC Not Applicable In Such Cases: Allahabad HC
The Allahabad High Court has observed that an order passed under Section 125 CrPC may be final or interim and can be recalled or altered under Section 127 CrPC. Perusing the mandate of Section 362 CrPC, a bench of Justice Arun Kumar Singh Deshwal observed that if any provision is provided under CrPC that permits the recall or alteration of the judgement or final order, then the bar u/s 362 CrPC will not apply to those provisions, as is the case with Section 125 CrPC. Before the HC, the applicant's counsel argued that the recall order was erroneous as once an order has been passed in a criminal proceeding dismissing the application u/s 125 CrPC for want of prosecution, it cannot be recalled or modified given the bar of Section 362 CrPC. On the other hand, the counsel for the opposite parties contended that it is clear that an exception has been provided in Section 362 CrPC itself and that exception has been mentioned in Section 127 CrPC which permits the court to alter or change any order passed u/s 125 CrPC.
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