Jharkhand High Court
Binod Kumar Singh vs The State Of Jharkhand And Anr on 5 January, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal. (SJ) No. 492 of 2016 Binod Kumar Singh ...... Appellant Versus The State of Jharkhand & Anr. ...... Opposite Parties CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH For the Appellant : Mr. V.P. Singh, Sr. Advocate Mr. B. V. Kumar, Advocate Mr. Achinto Sen, Advocate For the State : A.P.P For the O.P. No. 2 : Mr. Sabyasanchi, Advocate 05/Dated: 05/01/2017 Today counsel for the appellant has filed rejoinder to the counteraffidavit. Office is directed to tag the same with the record.
The present criminal appeal has been filed under section 341 Cr.P.C for setting aside order dated 06.04.2016 passed in Original Maintenance Case No. 142 of 2007 passed by Shri R.K. Choudhary, Principal Judge, Family Court, Ranchi whereby and whereunder the application filed by O.P/appellant under section 340 CR.P.C has been rejected.
Learned counsel for the opposite party no. 2 referring to section 19 of the Family Court which reads as under;
"19. Appeal. (1) Save as provided in subsection (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908(5 of 1908), or in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order of a Family Court to the High Court both on facts and on law. (2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties or from an order passed under Chapter Ix of the Code of Criminal Procedure, 1973 (2 of 1974):
Provided that nothing in this subsection shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974), before the commencement of the Family Courts (Amendment) Act, 1991.
(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court. (4) The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding. (5) Except as aforesaid, no appeal or revision shall lie to any Court from any judgment, order or decree of a Family Court.
(6) An appeal referred under subsection (1) shall be heard by a Bench consisting of two or more Judges."
has submitted that the appeal is not maintainable. Learned counsel for the appellant referring to section 341 Cr.P.C which reads as under;
"341. Appeal. (1) Any person on whose application any Court other than a High Court has refused to make a complaint under subsection (1)or subsection (2) of section 340, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of subsection (4) of section 195, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 340, and if it makes such complaint, the provisions of that section shall apply accordingly. (2) An order under this section, and subject to any such order, an order under section 340, shall be final, and shall not be subject to revision."
has submitted that the appeal is maintainable. So, without entering into the merit of the case, on the next date of hearing, counsel for the parties are directed to address this Court whether appeal under section 19 of the Family Courts Act is maintainable or appeal under section 341 Cr.P.C is maintainable.
List this case on 21.02.2017.
Satyarthi/ (Anant Bijay Singh, J.)