Criminal Procedure Code, 1973
Section 125—Order dismissing maintenance application on the ground of res judicata—Revision—Once petition has been adjudicated under Section 125 CrPC favourably by a court of competent jurisdiction on merits, a subsequent petition cannot be preferred which arises from same dispute having similar situations, circumstances and grounds as the previously adjudicated issues in the earlier petition filed under Section 125 CrPC—A petition under Section 125 CrPC will be covered by principle of res judicata due to its universal applicability, as proceedings under Section 125 CrPC are quasi criminal in nature—Proper legal recourse available to the petitioner is filing a petition under Section 127 CrPC stating the changed circumstances before the appropriate court—Petition dismissed.
[Paras 8, 9 & 14]
Section 127—Grant of maintenance—Change in circumstances—Fresh petition under Section 125 CrPC—Maintainability—Whenever a party claims a change in circumstance after an order granting maintenance has been passed under Section 125 CrPC, the appropriate recourse would be a petition under Section 127 CrPC and not a fresh petition under Section 125 CrPC—Second petition not maintainable being hit by principle of res judicata.
[Para 14]
Decision : Petition dismissed