(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) It appears that this appeal has been preferred against an order passed by the learned Judge, Family Court, Surat in a proceedings under Chapter IX of the Code of Criminal Procedure, 1973. Therefore, in view of the provision contained in Section 19(2) of the Family Courts Act, 1984, this appeal is not maintainable.
However, having regard to the fact that this matter was entertained by another Division Bench of this Court as long back as in the month of April, 2010, we propose to convert this appeal into a Criminal Revisional Application under Section 401, read with Section 397 of the Cr.P.C, provided the appellant files supplementary affidavit making necessary averment for maintaining an appropriate Criminal Revisional Application, within a fortnight from today. The matter is thus disposed of.
We make it clear that we have not gone into the merits of the case.
(Bhaskar Bhattacharya, Actg. C.J.) (J.B.
Pardiwala, J.) */Mohandas Top