Patna High Court

Jyoti KumariversusPankaj Kumar

Decided: 1 April 2026
Disposal: WITHDRAWN
Bench: SANJAY KUMAR SINGH SOURENDRA PANDEY

Holding

The appeal is dismissed as withdrawn, with liberty to the appellants to file a criminal revision against the order dated 19‑06‑2025.

Summary

The appellants, wife, son and daughter of the respondent, filed a Miscellaneous Appeal under Section 19(1) of the Family Courts Act, 1984 challenging an order dated 19‑06‑2025 passed under Section 127 of the Criminal Procedure Code that enhanced the maintenance amount. Relying on a Full Bench decision in Dr. Dilip Kumar Sharma v. State of Bihar, they argued that an order under Section 125 CrPC is not merely interlocutory but an intermediate/quasi‑final order, making a criminal revision the proper remedy. The appellants sought to withdraw the appeal and instead pursue a criminal revision. The High Court dismissed the Miscellaneous Appeal as withdrawn, granting liberty to file a criminal revision, and ordered the return of the vakalatnama and certified copy of the impugned order.

Issues considered

Whether an order passed under Section 125/127 of the Criminal Procedure Code is an interlocutory order or an intermediate/quasi‑final order.
Whether a criminal revision is the appropriate remedy against such an order.
Whether the Miscellaneous Appeal can be withdrawn in favour of filing a criminal revision.

Legislation cited

Code of Criminal Procedure, 1973 — s. 125, 127, 128
Family Courts Act, 1984 — s. 19(1)

Subjects

maintenance
family court
criminal revision
Section 125 CrPC
intermediate order
withdrawal of appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Appeal No.771 of 2025
                 ======================================================
           1.     Jyoti Kumari W/o- Pankaj Kumar R/o- House of Manoj Bhagat at V.I.P.
                  Road, Purab Bazar, P.S.- Saharsa, District- Saharsa, Bihar.
           2.    Abhinav Yatharth, S/o Pankaj Kumar R/o- House of Manoj Bhagat at V.I.P.
                 Road, Purab Bazar, P.S.- Saharsa, District- Saharsa, Bihar.
           3.     Krishna Bharti, D/o Pankaj Kumar R/o- House of Manoj Bhagat at V.I.P.
                  Road, Purab Bazar, P.S.- Saharsa, District- Saharsa, Bihar.
                                                                                ... ... Appellant/s
                                                     Versus
                 Pankaj Kumar S/o Chandeshwari Bhagat, R/o- Village- Situaha Dih, P.S.-
                 Salkhua, District- Saharsa, Bihar at present posted at- GS-18690W, JE(CIV),
                 189 FCPL, 127 RCC(GREF), C/o 99APO, PIN- 930127 (Arunachal Pradesh).
                                                                             ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mrs.Archana Sinha, Sr. Adv.
                                                 Mr.Alok Kumar @ Alok Kr Shahi, Adv.
                                                 Mr.Akshat Arghya, Adv.
                                                 Mrs.Swarna Roy, Adv.
                 For the Respondent/s    :       Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                         and
                         HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH )

2   01-04-2026             1. The instant Miscellaneous Application under Section

                   19(1) of the Family Court’s Act 1984 has been preferred by the

                   appellants no.1, 2 and 3 being the wife, the son and the daughter

                   of the respondent against the order dated 19.06.2025, passed

                   under Section 127 of the Cr.P.C. seeking enhancement of

                   maintenance amount.

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

                   Senior Counsel for the appellant submits that the Full Bench of

                   this Court in the case of Dr. Dilip Kumar Sharma @ Dilip
            Patna High Court MA No.771 of 2025(2) dt.01-04-2026
                                                        2/2




                      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

                      revision would be available qua both the interim and final order

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

                              3. She further submits that in the light of the aforesaid

                      Full Bench judgment, the appellants do not want to press this

                      Miscellaneous Appeal, therefore, they may be allowed to

                      withdraw this Miscellaneous Appeal with liberty to file criminal

                      revision against the order dated 19.06.2025.

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

                      is dismissed as withdrawn with liberty to the appellants to file

                      criminal revision.

                              5. Office is directed to return the Vakalatnama and

                      certified copy of impugned order dated 19.06.2025 to the

                      learned counsel for the appellants within three days after

                      retaining the xerox copy of the same on record.



                                            (Sanjay Kumar Singh , J)


                                               ( Sourendra Pandey, J)
pallavi/-
U

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