Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.907 of 2025 ====================================================== Chitranjan Kumar @ Chitranjan Yadav Son of Late Rajdeo Yadav, Resident of Village- Mananpur, P.O.- Berka, P.S.- Makhdumpur, District- Jehanabad. ... ... Appellant/s Versus Soni Devi Wife of Chitranjan yadav, Resident of Village- Mananpur, P.O.- Berka, P.S- Makhdumpur, District- Jehanabad, presently resident of Village- Dadhma Pokhar, P.S- Belaganj, District- Gaya. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Shrish Anurag, Advocate For the Respondent/s : Mr. ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH ) 2 30-03-2026
1. The instant Miscellaneous Application under Section 19(1) of the Family Court’s Act 1984 has been preferred by the appellant (husband) against the order dated 21.06.2025, whereby application under Section 125 of the Cr.P.C. of respondent (wife) has been allowed.
2. On the matter being taken up, at the outset, learned counsel for the appellant submits that the Full Bench of this Court in the case of Dr. Dilip Kumar Sharma @ Dilip Sharma Vs. The State of Bihar and Ors. [2024 SCC OnLine Pat 8236 : 2025 (1) BLJ 1] has held that the order passed under Section 125 of the Cr. P.C. is not an ‘interlocutory order’, but an ‘intermediate / quasi final order’, hence remedy of criminal
Patna High Court MA No.907 of 2025(2) dt.30-03-2026 2/2 revision would be available qua both the interim and final order under Section 125 to 128 of the Cr. P.C.
3. He further submits that in the light of the aforesaid Full Bench judgment, the appellant does not want to press this Miscellaneous Appeal, therefore, he may be allowed to withdraw this Miscellaneous Appeal with liberty to file criminal revision against the order dated 21.06.2025.
4. In view of the above, the instant Miscellaneous Appeal is dismissed as withdrawn with liberty to the appellant to file criminal revision.
5. Office is directed to return the Vakalatnama and certified copy of impugned order dated 21.06.2025 to the
learned counsel for the appellant within three days after retaining the xerox copy of the same on record.
pallavi/- (Sanjay Kumar Singh , J) ( Sourendra Pandey, J) U