Sourish Mani v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1094 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Sourish Mani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mukesh Kumar Jha, Adv.

For the O.P. No. 2 :

Mr. Bimal Kumar, Advocate For the State :

Mr.Jharkhandi Upadhyay, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-02-2020 In view of the preliminary objection raised by learned counsel for the opposite parties citing judgment of the Hon'ble Division Bench in the case of Md. Akil Ahmad v State of Bihar & Anr. reported in 2016 (4) PLJR 968 in which the Hon'ble Division Bench of this Court has held that the order granting interim maintenance under Section 125 Cr.P.C. can be challenged under Article 227 of the Constitution of India, learned counsel for the petitioner seeks permission from this Court to convert this application in an application under Article 227 of the Constitution of India.

Learned counsel for opposite party no. 2 has no objection to the petitioner converting this application under Article 227 of the Constitution of India.

Permission is granted. The petitioner will be at liberty

Patna High Court CR. REV. No.1094 of 2018(7) dt.03-02-2020 2/2 to convert this application in an application under Article 227 of the Constitution of India within two weeks from today subject to the stamp report.

On his doing so, the matter be placed under the appropriate roster.

(Rajeev Ranjan Prasad, J) arvind/- U