Imran Mian @ Imran Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.142 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- West Champaran ====================================================== Imran Mian @ Imran Alam Son of Md. Hasmuddin Mian R/o VillageAmwa Tola, P.S.- Nautan, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shahnaj Begum Wife of Imran Mian, D/o Dukhi Mian Permanent R/o Village- Madhuwaha, Amwa Tola, P.S.- Nautan, District- West Champaran at present R/o Village- Bagahi Baghampur Ward No.4, P.S.- Srinagar (Pujahan), District- West Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Gupta, Advocate For the Respondent/s :

Mr. Nirmal Kumar Sinha, Advocate For the O.P. No.2 :

Mr. Brij Kishor Mishra, Advocate Mr. Avinash Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 17-04-2025 The instant criminal revision is directed against an exparte order of maintenance under Section 125 of the Cr.P.C. passed in Maintenance Case No.162 of 2021 by the learned Principal Judge, Family Court, West Champaran, Bettiah on 10.02.2023.

2. It is submitted by the learned Advocate for the petitioner that the impugned ex-parte order was passed without serving any notice to the petitioner herein.

3. In paragraph No.3 of the impugned order, the learned Principal Judge, Family Court, West Champaran, Bettiah observed as hereunder:-

Patna High Court CR. REV. No.142 of 2024(5) dt.17-04-2025 2/3 "Notice was issued to O.P. through Nazarat in ordinary course as well as through registered post even though O.P. did not put his appearance in this case to protect his interest, hence, ex-parte proceeding initiated in this case vide order dated 19.09.2022"

4. Thus, it appears from paragraph No.3 of the impugned order that Trial Court observed that the notice of the proceeding under Section 125 of the Cr.P.C. was issued. However, there is no observation as to whether the notice was received by the opposite party/petitioner herein or not.

5. In view of such circumstances, the impugned order is set aside. The Maintenance Case No.162 of 2021 be remitted back to the Court of the learned Principal Judge, Family Court, West Champaran, Bettiah with a direction to give opportunity to the petitioner herein to contest the above-mentioned maintenance case.

6. Since, the opposite party/petitioner herein has already entered appearance in the instant revision, he is directed to appear before the Trial Court within 15 days from the date of this order.

7. The parties are at liberty to communicate this order to the learned Principal Judge, Family Court, West Champaran,

Patna High Court CR. REV. No.142 of 2024(5) dt.17-04-2025 3/3 Bettiah obtaining server copy of the same.

8. The learned Principal Judge, Family Court, West Champaran, Bettiah is directed to dispose of the application under Section 125 of the Cr.P.C. expeditiously and preferably within a period of six months from the date of communication of this order.

9. With the above order, the instant criminal revision is disposed of.

(Bibek Chaudhuri, J) mdrashid/- U T