JUDGMENT 1. - This criminal Misc. petition is preferred against the order dated 22.1.1990 passed by the Additional Civil Judge & Chief Judicial Magistrate, No. 1, Kotah, whereby the application filed by the petitioner has been dismissed. 2. Briefly stated the facts to this petition are that proceedings under Section 125 Criminal Procedure Code were pending before the subordinate Court against the petitioner and during the pendency of these proceedings an application was filed by the petitioner under Section 125(7) Criminal Procedure Code for the modification of the order. In that application it was prayed that the proceedings be dropped because necessary orders have already been passed under the Hindu Marriage Act. 3. The learned Trial Court though referred the judgment of this Court passed in Hari Singh v. Gulab Devi (1988 (2) WLN 241) but without going into the detail of this judgment the learned Trial Court dismissed the application of the petitioner holding that even though orders have been passed under Hindu Marriage Act, the proceedings under Section 125 Criminal Procedure Code cannot be dropped. 4. A look at the impugned order shows that the learned subordinate Court failed to appreciate the judgment of this Court passed in Hari Singh's case (Supra). In Hari singh's case (Supra) this Court observed that "Section 25 of the Hindu Marriage Act provides for grant of permanent alimony in case of Hindus. Admittedly no such order has been made in favour of the divorced wife in both these cases. It is clear that on an order made under Section 25 of the Hindu Marriage Act for permanent alimony the same can be taken into account for modification or cancellation of the order made under Section 125 and a report can be had to Section 127, Cr.P.C.". 5. Consequently, this petition is, therefore, allowed. The impugned order dated 22.1.1990 is set aside and the case is remanded back to the learned subordinate Court (Additional Civil Judge & Chief Judicial Magistrate, No. 1, Kota) to pass a fresh order on the application filed by the petitioner in the light of decision taken by this Court in Hari Singh v. Gulab Singh (Supra).Petition allowed. *******