Md. Fazle Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1246 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Md. Fazle Alam ... ... Petitioner/s

Versus

State Of Bihar and Anr ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Ranjan Kumar For the Respondent/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-06-2023 No one appears on behalf of the petitioner to press this application.

Learned counsel for the opposite party is present.

2. The petitioner has preferred this revision petition against the order of ad interim maintenance dated 06.02.2015 passed by Principal Judge, Family Court, Aurangabad.

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

Patna High Court CR. REV. No.1246 of 2017(2) dt.23-06-2023 2/2 file an application under Article 227 of the Constitution of India before this Court.

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 √