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Patna High Court - Orders

Sanjay Kumar vs State Of Bihar And Anr on 6 July, 2022

Author: Rajeev Ranjan Prasad

Bench: Rajeev Ranjan Prasad

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL REVISION No.711 of 2018
                                Arising Out of PS. Case No.- Year-1111 Thana- District-
                 ======================================================
                 Sanjay Kumar son of Ram Sudin Prasad Resident of Village - Madhepur P.S.
                 Dalsingsarai, Distt Samastipur.

                                                                                     ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Mamta Devi W/o Sanjay Kumar Resident of Village - Madhepur, P.S. -
                 Dalsingsarai, Distt Samastipur at present Daughter of Ram Chandra Mahto
                 Resident of Village P.O. P.S. - Ghatho, Distt. Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr.Mukesh Kumar No-1, Advocate
                 For the Respondent/s   :         Mr.Sri Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

2   06-07-2022

In this revision application since the impugned order dated 08.05.2018 passed in Maintenance Case No. 183 of 2016 is in the nature of an interim order, learned counsel for the petitioner having understood that revision application under Section 19(4) of the Family Court Act, 1984 cannot be maintained against an interim order in view of the Hon'ble Division Bench judgment of this Court in the case of Md. Akil Ahmad Vs. The State of Bihar & Ors. reported in 2016 (4) PLJR 968, prays for permission to convert this application in an application under Article 227 of the Constitution of India within two weeks from today.

Let this application be allowed to be converted in an Patna High Court CR. REV. No.711 of 2018(2) dt.06-07-2022 2/2 application under Article 227 of the Constitution of India. The office shall do stamp reporting within two weeks and after removal of the defects the same will be placed before an appropriate Bench as per roster.

(Rajeev Ranjan Prasad, J.) Rajeev/-

U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.