Suraj Kumar @ Suraj Prasad v. Pammi Devi @ Pammi Kumari And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.762 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Suraj Kumar @ Suraj Prasad ... ... Petitioner/s

Versus

Pammi Devi @ Pammi Kumari and Anr ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Srivastva For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-06-2023 Heard the parties.

2. The petitioner has preferred this revision petition against the order of ad interim maintenance dated 16.05.2017 passed by Principal Judge, Family Court, Saran at Chapra.

3. In view of the law laid down by the Division Bench of this Court passed in Cr. Misc. No. 22165/2016 (Md. Akil Ahmad vs. State of Bihar) the order granting ad interim maintenance under Section 125 CrPC is an interlocutory order and no revision is maintainable under Section 397 (2) CrPC. The Division Bench of this Court in the case of Md. Akil Ahmad (Supra) has held that against the order of ad interim maintenance, the only remedy available to the petitioner is to file an application under Article 227 of the Constitution of India before this Court.

Patna High Court CR. REV. No.762 of 2017(6) dt.20-06-2023 2/2

4. In view of the aforesaid, the application is not maintainable and is, accordingly, dismissed with the liberty to the petitioner to file an appropriate application before this Court under Article 227 of the Constitution of India. (Anil Kumar Sinha, J) ashwani/- U √