Navnit Kumar PrabhakarversusMamta Devi

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Miscellaneous Appeal No.296 of 2026
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                 Navnit Kumar Prabhakar son of Sri Bhimsen Thakur @ Shatrughan Thakur,
                 resident of illage and P.O Dumari P.S. Amba District Aurangabad (Bihar).

                                                                         ... ... Appellant/s
                                                  Versus
           1.    Mamta Devi Wife of Navnit Kumar Prabhakar, D/o Late Sankhpal Thakur,
                 Resident of Vilage and PO Dumari, PS Amba, District Aurangabad (Bihar).
           2.    Rauki Aryan, Son of Late Amit Kumar,(First husband of Respondent No. 1)
                 under the guardianship of his mother Mamta Devi, Resident of Vilage and
                 PO Dumari, PS Amba, District Aurangabad (Bihar).

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Appellant/s    :     Mr.Shailesh Kumar Singh, Advocate
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                         and
                         HONOURABLE MR. JUSTICE GIRIJISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH )

3   03-07-2026            1. The order dated 21.02.2025, whereby application under

                   Section 125 of the Cr.P.C. of respondents has been allowed by

                   the learned Principal Judge, Family Court, Aurangabad, is the

                   subject matter of challenge in the present case.

                          2. On the matter being taken up, at the outset, learned

                   counsel for the appellant submits that the Full Bench of this

                   Court in the case of Dr. Dilip Kumar Sharma @ Dilip Sharma

                   Vs. The State of Bihar and Ors. [2024 SCC OnLine Pat 8236 :

                   2025 (1) BLJ 1] has held that the order passed under Section

                   125 of the Cr. P.C. is not an ‘interlocutory order’, but an

                   ‘intermediate / quasi final order’, hence remedy of criminal
            Patna High Court MA No.296 of 2026(3) dt.03-07-2026
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                      revision would be available qua both the interim and final order

                      under Section 125 to 128 of the Cr. P.C.

                              3. He further submits that in the light of the aforesaid Full

                      Bench judgment, the appellant does not want to press this

                      Miscellaneous Appeal, therefore, he may be allowed to

                      withdraw this Miscellaneous Appeal with liberty to file criminal

                      revision against the order dated 21.02.2025.

                              4. In view of the above, the instant Miscellaneous Appeal

                      is dismissed as withdrawn with liberty to the appellant to file

                      criminal revision.

                              5. Office is directed to return the Vakalatnama and

                      certified copy of impugned order dated 21.02.2025 to the

                      learned counsel for the appellant within three days after

                      retaining the xerox copy of the same on record.



                                            (Sanjay Kumar Singh , J)


                                                 ( Girijish Kumar, J)
pallavi/-

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