Diwakar Sinha v. Anita Kumari

Patna High Court CWJC No.4002 of 2014 (3) dt.19-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4002 of 2014 ====================================================== Diwakar Sinha .... .... Petitioner/s

Versus

Anita Kumari .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-01-2016 This writ application under Article 227 of the Constitution of India has been filed by the petitioner against the order dated 30.03.2013 passed in Misc. Case No.79 of 1998 arising out of an application under Section 125 of the Code of Criminal Procedure. In view of the Divisional Bench decision of this Court in the case of Raj Kumar Sah Vs. State of Bihar 2008 (4) P.L.J.R. 817, this application under Article 227 of the Constitution of India is not maintainable.

However, the petitioner may, therefore, convert this application an appropriate criminal proceeding as provided in the aforesaid Division Bench decision within one month. If this writ application is not converted to appropriate application within the aforesaid period, this application shall stand dismissed as not maintainable. Sanjeev/- (Mungeshwar Sahoo, J) U