Patna High Court

Chitranjan Kumar @ Chitranjan YadavversusSoni Devi

Decided: 30 March 2026
Disposal: DISPOSED
Bench: SANJAY KUMAR SINGH SOURENDRA PANDEY

Holding

An order under Section 125 Cr.P.C. is an intermediate/quasi‑final order, permitting revision under Sections 125‑128, and the appeal may be withdrawn with liberty to file such revision.

Summary

The appellant, a husband, filed a Miscellaneous Application under Section 19(1) of the Family Courts Act, 1984, challenging an order dated 21‑06‑2025 that granted the respondent wife maintenance under Section 125 of the Criminal Procedure Code. The appellant relied on a Full Bench decision (Dr. Dilip Kumar Sharma v. State of Bihar) which held that a Section 125 order is not merely interlocutory but an intermediate/quasi‑final order, making it subject to revision under Sections 125‑128 of the Cr.P.C. The appellant sought to withdraw the appeal and instead pursue a criminal revision. The High Court accepted the withdrawal, dismissed the appeal as withdrawn, and granted liberty to file a revision. The court also ordered the return of the vakalatnama and a certified copy of the impugned order to the appellant’s counsel.

Issues considered

Whether an order passed under Section 125 of the Criminal Procedure Code is an interlocutory order or an intermediate/quasi‑final order.
Whether a revision petition is available against a Section 125 order under Sections 125‑128 of the Cr.P.C.
Whether the appellant may withdraw the Miscellaneous Appeal and file a criminal revision.

Legislation cited

Code of Criminal Procedure, 1973 — s. 125, 126, 127, 128
Family Courts Act, 1984 — s. 19(1)

Subjects

Family Courts Act
Section 125 Cr.P.C.
maintenance
revision petition
interlocutory order
withdrawal of appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Appeal No.907 of 2025
                 ======================================================
                 Chitranjan Kumar @ Chitranjan Yadav Son of Late Rajdeo Yadav, Resident of
                 Village- Mananpur, P.O.- Berka, P.S.- Makhdumpur, District- Jehanabad.

                                                                          ... ... Appellant/s
                                                   Versus
                 Soni Devi Wife of Chitranjan yadav, Resident of Village- Mananpur, P.O.-
                 Berka, P.S- Makhdumpur, District- Jehanabad, presently resident of Village-
                 Dadhma Pokhar, P.S- Belaganj, District- Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Shrish Anurag, Advocate
                 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   30-03-2026            1. The instant Miscellaneous Application under Section

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

                   appellant (husband) against the order dated 21.06.2025,

                   whereby application under Section 125 of the Cr.P.C. of

                   respondent (wife) has been allowed.

                          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.907 of 2025(2) dt.30-03-2026
                                                        2/2




                      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 21.06.2025.

                              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 21.06.2025 to the

                      learned counsel for the appellant within three days after

                      retaining the xerox copy of the same on record.



                                            (Sanjay Kumar Singh , J)


                                               ( Sourendra Pandey, J)
pallavi/-

U

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