Petition for maintenance under Sec 125 in default

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Code of Criminal Procedure, 1973 (2 of 1974), Section 125, 362 — Petition u/s 125 Cr.P.C dismissed in default – Restoration application also dismissed – Review or amend – Power of — Criminal court cannot allow or review its own order except correcting clerical errors in it, it is well settled as there is no provision for review under the Code — Held, order dismissing the petition for maintenance in default can be recalled or set aside and the case can be restored to its original position for effective adjudication on merits – Impugned order set aside and petition u/s 125 of the Code is ordered to be restored to its original position to be heard on merits.

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