IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.550 of 2007 SUNITA DEVI & ORS Versus RAM ASHISH MAHTO ----------- 6 9.9.2008 This revision application has been filed against the order 6.12.2006 passed by the Principal Judge, Family Court, Madhubani in M.R.No.32/04 thereby the court below has dropped the proceeding initiated under Section 125 of the Code of Criminal Procedure on the ground that the petitioner no.1 is dumb and deaf. Heard learned counsel for the parties. It is submitted by the learned counsel for the petitioners that there is no provision either under the Code of Criminal Procedure or in Family Court that the deaf and dumb cannot file a petition under Section 125 of the Code of Criminal Procedure.Se can file application only through her near relatives. It is further submitted that the court below has wrongly dropped the proceeding and directed the petitioners to file a fresh case in accordance with law. On the other hand, learned counsel for opposite party supported the impugned order and submitted that the petitioner no.1 was not in a position to take part effectively in reconciliation proceeding due to her incapacity to hear and speak. The court below has rightly passed the impugned order. Apparently the order in question is bad and illegal. There is no provision either in the Code of Criminal Procedure or in Family Court that a deaf and dumb cannot file a petition under Section125 of the Code of Criminal Procedure. In my view, she can prosecute the - 2 - case through lawyer or her near relatives. On this score no proceeding or case can be dropped. This application is accordingly allowed. The impugned order is set aside. The case is remanded back to the court below to proceed with the case in accordance with law and finally dispose of in five months. B.Jha (Ghanshyam Prasad)