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PETITIONER: NANDLAL MISRA
Vs.
RESPONDENT: K. L. MISRA
DATE OF JUDGMENT: 01/04/1960
BENCH: SUBBARAO, K. BENCH: SUBBARAO, K. SHAH, J.C.
CITATION: 1960 AIR 882 1960 SCR (3) 431
ACT: Maintenance--Provisions of s. 488 of the Code of Criminal Procedure--Mandatory-Preliminary enquiry not contemplated Proceedings under Chapter XXXVI, Code of Criminal Procedure of civil nature--Question of Paternity to be decided by the Magistrate.
HEADNOTE: The appellant who was a minor filed an application by his mother as his guardian under s. 488 of the Code of Criminal Procedure in the Court of the City Magistrate, Allahabad, praying for an order against the respondent, for maintenance alleging that he was his putative father. The Magistrate summarily dismissed the appellant’s application without issuing notice to the respondent as required by s.488, Criminal Procedure Code. The Court of Session in revision against the Magistrate’s order came to the conclusion that it was a fit case in which the Magistrate ought to have issued summons to the respondent and submitted the record to the High Court recommending that the order passed by the Magistrate be set aside and that the Magistrate be ordered to proceed with the application in accordance with law. TheHighCourtrejectedtheSessionsCourt preference and refused to certify that the case was a fit one for appea...