KHUPKHANPAU Vs. NIANKHOJAM

JUDGEMENT

(1.) This is a reference made by the Additional Sessions Judge, Manipur under Section 435 Cr.P.C. to set aside the order of the Sub Divisional Magistrate, Churachandpur in Criminal Misc. Case 4-C of 1964 dated 23.6.1965 directing the revision petitioner to pay monthly maintenance at the rate of Rs. 8 to a female child, viz. illegitimate daughter of the respondent herein.

(2.) The respondent filed Criminal Misc. Case 4-C of 1964 under Section 488 Cr.P.C. for recovery of maintenance. The Magistrate examined witnesses and concluded that the respondent is not the married wife of the petitioner herein and, therefore, disallowed maintenance. But, he awarded maintenance in favour of her illegitimate child born to her by the petitioner. The matter was carried in revision to the Additional Sessions Judge, Manipur, who made the reference in question to this Court. The respondent remained ex parte.

(3.) A perusal of the records shows that the Magistrate did not follow the summons 'procedure as laid down by Section 488, Sub-section (6) of Cr.P.C. But, he followed summary trial procedure. On this ground the proceedings are liable to be quashed, since the defect is not a curable one.