Patna High Court

Sanjoy Yadav alias Sanjay YadavversusMost. Ratni Devi

Decided: 17 March 2026
Disposal: WITHDRAWN
Bench: SANJAY KUMAR SINGH SOURENDRA PANDEY

Holding

The appeal is dismissed as withdrawn, with liberty granted to the appellant to file a criminal revision against the order dated 17‑10‑2024.

Summary

Sanjoy Yadav filed a Miscellaneous Application under Section 19(1) of the Family Courts Act, 1984 challenging an order dated 17‑10‑2024 that granted his mother relief under Section 125 of the Criminal Procedure Code. The appellant relied on a Full Bench decision in Dr. Dilip Kumar Sharma v. State of Bihar, which held that an order under Section 125 is not merely interlocutory but an intermediate or quasi‑final order, making a criminal revision permissible under Sections 125‑128 of the CrPC. Seeking to withdraw the appeal and pursue a criminal revision, the appellant’s counsel requested that the appeal be dismissed as withdrawn. The Patna High Court dismissed the appeal as withdrawn, granting the appellant liberty to file a criminal revision and directing the return of the vakalatnama and certified copy of the impugned order. The order was signed by Justices Sanjay Kumar Singh and Sourendra Pandey.

Issues considered

Whether an order passed under Section 125 of the Criminal Procedure Code is an interlocutory order or an intermediate/quasi‑final order for the purpose of revision.
Whether the appellant may withdraw the Miscellaneous Appeal and instead file a criminal revision against the order dated 17‑10‑2024.

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 CrPC
Criminal revision
Interlocutory order
Quasi‑final order
Appeal withdrawal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Miscellaneous Appeal No.991 of 2025
                 ======================================================
                 Sanjoy Yadav alias Sanjay Yadav, S/o- Late Chota Baleshwar Yadav alias
                 Kailu Yadav, Resident of Village- Sangrampur, P.O.- Sangrampur, P.S.-
                 Chanan, District- Lakhisarai, currently residing at- N.H.S- 25/186, Jhanjra
                 Kaloni, Jhanjra, P.O- Jhanjhra, District- Bardhaman, West Bengal-713363.

                                                                           ... ... Appellant/s
                                                  Versus
                 Most. Ratni Devi, W/o- Late Chota Baleshwar Yadav alias Kailu Yadav,
                 Resident of Village- Sangrampur, P.O.- Sangrampur, P.S.- Chanan, District-
                 Lakhisarai.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Manoj Kumar Singh, 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   17-03-2026                 1. The instant Miscellaneous Application under

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

                   by the appellant (son) against the order dated 17.10.2024,

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

                   respondent (mother) 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
           Patna High Court MA No.991 of 2025(2) dt.17-03-2026
                                                       2/2




                     ‘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. 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 17.10.2024.

                                  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 17.10.2024 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)
manoj/aditya-

U

Continue reading with your account

Checking your session…