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2017 Supreme(Pat) 652

BIRENDRA KUMAR
Lakhan Paswan – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Devendra Prasad Singh
For the Respondents: Md. Raisul Haque

JUDGMENT :

Birendra Kumar, J.

1. Heard learned counsel for the petitioner and learned counsel for the State-respondents. Petitioner has invoked criminal writ jurisdiction of this Court for quashing the order dated 22.8.2016 passed, in Misc. Case No. 102 of 2006 vide Annexure-10, by the Family Court, Gaya.

2. The petitioner was opposite party before the learned Family Court. The petitioner had filed a petition on 5.4.2016 for modification of the maintenance order passed under Section 125 Cr.P.C. on the ground that the daughter became major and she has already married. The maintenance was awarded by final order passed under Section 125 of the Cr.P.C. and the modification was sought for under Section 127 of the Cr.P.C. The prayer has been refused.

3. Sub-section (4) of Section 19 of the Family Courts Act, 1984 provides for remedy even at the instance of the petitioner against the impugned order passed in Chapter-IX of the Code of Criminal Procedure, 1973. Section 19 of the Family Courts Act, 1984 is reproduced hereunder:

"19. Appeal.- (1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in the Code of Criminal Pr











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