Patna High Court
MA/296/2026 of Navnit Kumar Prabhakar Vs Mamta Devi on 3 July 2026
COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.296 of 2026 ====================================================== Navnit Kumar Prabhakar son of Sri Bhimsen Thakur @ Shatrughan Thakur, resident of illage and P.O Dumari P.S. Amba District Aurangabad (Bihar). ... ... Appellant/s Versus 1.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.296 of 2026
======================================================
Navnit Kumar Prabhakar son of Sri Bhimsen Thakur @ Shatrughan Thakur, resident of illage and P.O Dumari P.S. Amba District Aurangabad (Bihar).
... ... Appellant/s
Versus
1.
Mamta Devi Wife of Navnit Kumar Prabhakar, D/o Late Sankhpal Thakur, Resident of Vilage and PO Dumari, PS Amba, District Aurangabad (Bihar).
2.
Rauki Aryan, Son of Late Amit Kumar,(First husband of Respondent No. 1)
under the guardianship of his mother Mamta Devi, Resident of Vilage and PO Dumari, PS Amba, District Aurangabad (Bihar).
... ... Respondent/s
Appearance :
For the Appellant/s
:
Mr.Shailesh Kumar Singh, Advocate
For the Respondent/s
:
Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
and
HONOURABLE MR. JUSTICE GIRIJISH KUMAR
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ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH )
03-07-2026
1. The order dated 21.02.2025, whereby application under Section 125 of the Cr.P.C. of respondents has been allowed by the learned Principal Judge, Family Court, Aurangabad, is the subject matter of challenge in the present case.
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.296 of 2026(3) dt.03-07-2026
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 21.02.2025.
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 21.02.2025 to the learned counsel for the appellant within three days after retaining the xerox copy of the same on record.
pallavi/- (Sanjay Kumar Singh , J) ( Girijish Kumar, J) U