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Patna High CourtMA/457/2018converted

Dharmendra Sharma v. Kanchan Devi And ANR

2025-09-09Mr. Justice Bibek Chaudhuri,Mr. Justice Dr. Anshuman1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.457 of 2018 ====================================================== Dharmendra Sharma ... ... Appellant/s

Versus

Kanchan Devi and Anr.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

None.

For the Respondent/s :

None.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI) 09-09-2025 None appears on behalf of the parties.

2. We have perused the office notes specially point No.2. The instant appeal is filed against an order allowing an application under section 125 of the Cr.P.C. by the learned Principal Judge, Family Court, Begusarai in Maintenance Case No.09M/2015. Against the said order, criminal revision is maintainable and not miscellaneous appeal.

3. Since, we have found that the miscellaneous appeal is not maintainable, we think that other defects mentioned by the office need not be adhered to.

4. Accordingly, the appellant is hereby directed to convert the instant appeal to a criminal revision which is maintainable against the impugned order within 8 weeks from the date of this order.

(Bibek Chaudhuri, J) (Dr. Anshuman, J) Prakashmani/- U