Rajana Appadu Petitioner v. Rajana Appamma .

1. A preliminary objection has been taken that no appeal lies, as an order under Section 488 of the Cr PC, awarding maintenance is an order passed in a criminal trial.

2. We think the objection is good. Clause (7) describes the person against whom proceedings are taken as an accused and provides that he may give evidence in his own behalf—a right which would exist without being conferred by statute if the proceedings were civil.

3. Clause (6) provides that the evidence shall be recorded in the manner prescribed for the trial of summons cases, and clause (3) provides that a person neglecting to comply with the order may be imprisoned.

4. The Bombay High Court in Reg v. Thaku bin Ira(1) took the view that maintenance proceedings were under the Code of Criminal Procedure then in force a “judicial proceeding of a Criminal Court” from which no appeal lay.

5. We dismiss the appeal with costs.

S.N/R.K

6. Appeal dismissed.