Md. Modakhir Hashmi v. Afroz Khatoon

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.44 of 2017 ====================================================== Md. Modakhir Hashmi .... .... Appellant/s

Versus

Afroz Khatoon .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajeev Ranjan, Advocate. For the Respondent/s :

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) 09-04-2018 Perused the office note.

It appears from the order under challenge that the same has been passed in a proceeding under Section 125 Cr.P.C. Accordingly, in view of the bar created under Section 19(2) of the Family Courts Act 1984, the appeal would not be maintenable against such order.

As per the decision of Division Bench of this Court rendered in 2008 (4) PLJR 817 (Raj Kumar Sah Vs. The State of Bihar and another), Criminal Revision under Section 19 (4) of the Family Courts Act, 1984 would be proper remedy. Accordingly, the appellant would be at liberty to convert this appeal into Criminal Revision under

Patna High Court MA No.44 of 2017 (2) dt.09-04-2018 2/2 Section 19(4) of the Family Courts Act, 1984 within a period of four weeks, failing which this appeal shall stand dismissed without further reference to a Bench.

(Dr. Ravi Ranjan, J) (Prakash Chandra Jaiswal, J) Mishra/- U