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2008 Supreme(Pat) 1564

CHANDRAMAULI KR.PRASAD, RAVI RANJAN
Raj Kumar Sah – Appellant
Versus
State Of Bihar – Respondent


Judgment

CHANDRAMAULI KR.PRASAD, J.

1. This application has come up for consideration before us on a reference made by a learned Single Judge of this Court.

2. Short facts giving rise to the present application are that in exercise of the power under Section 125 of the Code of Criminal Procedure, petitioner, who happens to be the husband of one Ram Kumari Devi, was directed to pay maintenance at the rate of Rs. 250/- per month to her and Rs. 150/- each for the two children. Petitioner filed application dated 5.4.2004 under Section 125(4) of the Code of Criminal Procedure for recall of the said order. Principal Judge, Family Court, Madhubani by order dated 26.2.2008 passed in M.R. No. 6 of 1999 rejected the said prayer.

3. Aggrieved by the same, petitioner filed this Criminal Revision appiication under Sections 397 and 401 of the Code of Criminal Procedure read with Section 19(4) of the Family Courts Act, 1984 .

4. The Stamp Reporter objected to the maintainability of Criminal Revision application and observed that against an order passed by the Principal Judge, Family Court, Civil Revision would lie. For the aforesaid view, the Stamp Reporter relied on a judgment of the learned Sing









































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