Cr.P.C. and unless the order is cancelled in exercise of powers under Section 125(4) , 125(5) , or under Section 127 , Cr ... with the scope of S. 488(3) of the Code which is identical with the present Section 125(3) , Cr.P.C. observed at page
under
Section 125(3) Cr.P.C. The amount remained unpaid. By
the impugned order passed under Section 128 Cr.P.C, for
the default ... order is passed
under Section 125(3) Cr.P.C read with 128 Cr.P.C . In
Section 3 of the General Clauses
3) Cr.P.C as also S.125(4)
Cr.P.C, it is now trite must telescope into S.125(1) Cr ... claim for
maintenance u/s 125 Cr.P.C.
24. The scheme of Section 125 Cr.P.C is thus very
evident. A husband
notice that the provision of section 125(3) of
the Criminal Procedure Code insofar as the same is relevant
for our purpose is similar ... month."
Criminal Procedure Code 1882 replaced the old Criminal
Procedure Code 1861. Similar provisions were made in
section 316 of the Code
just and proper to reproduce
hereunder Sections 125 and 128 Cr.P.C:
Section 125(3) :
“125(3). If any person so ordered fails without ... whether in
exercise of powers under sub-section (3) of Section 125 of the
Criminal Procedure Code, it is open for the Magistrate to sentence
order passed under Section 125(1), Cr.P.C.
43. Therefore, combined reading of Section 125(1) and Section 125(3) makes it manifestly clear ... 3), Cr.P.C . deals with the award as well as the procedure contemplated for collection of past maintenance in default. But. Section 128 , Cr
dismissed
Crl.Mis.225/2014. It appears that the wife initiated one
more proceeding under Section 125 (3) of Criminal
Procedure Code, for a direction ... maintainability of
Crl.Mis.78/2016 in the light of the first proviso
to Section 125 (3) of Code of Criminal
Procedure.
(vi) The Appellate
filing this criminal revision petition under
Section 397 read with Section 401 and 482 of the Code of Criminal
Procedure,1973( Cr.P.C hereunder ... 3) Cr.P.C for recovery of arrear which
Crl.Rev.P.5/2020
Page 3 of 13
was registered as FC/UDP/3
observing that Section
488 of the Code of Criminal Procedure, which is pari material to
Section 125(3) of the Act, held that Magistrate ... from 7.6.02 to
6.8.05, application under section 125(3) of the
Criminal crwp1778.17 Procedure Code was made on 1.7.06. We
may, however, leave
date of filing of the application under Section 125 of the Code of
Criminal Procedure ( CrPC ). As the respondent-husband had not complied ... What the proviso contemplates is that the
procedure for recovery of maintenance under Section 125(3) CrPC, namely, by
construing the same
