In this criminal miscellaneous application for quashing a Family Court maintenance order, the court permitted the petitioner to withdraw the petition to approach the Family Court instead. The petition was dismissed as withdrawn.
Permission granted to withdraw the quashing petition to raise issues before the Family Court; petition dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25974 of 2017
Arising Out of PS. Case No.- Year-0 Thana- District- Vaishali
======================================================
Manoj Kumar Son of Mukund Prasad @ Thakur Prasad Resident of Village - Pakri, Pakohi, P.S.- Karza, District- Muzaffarpur.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Sri Sanjay Kumar Tiwary 1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
This is an application for quashing the order dated 07.04.2017 passed in Maintenance Case No. 108 of 2013 by learned Principal Judge, Family Court, Vaishali at Hajipur.
Considering the submissions and going through the facts and circumstances, it appears that an alternate remedy is available to the petitioner u/s 127 of the Criminal Procedure Code (Cr.P.C.), which specifically deals with the fact and circumstances, as alleged through quashing petition.
Patna High Court CR. MISC. No.25974 of 2017(2) dt.13-10-2022 2/2
After short argument, learned counsel appearing on behalf of the petitioner seeks permission to withdraw the present quashing petition to raise all such issues before concerned Family Court.
Permission granted.
Accordingly, the present quashing petition stands dismissed as withdrawn with liberty to raise all such issues before the concerned Family Court.
(Chandra Shekhar Jha, J)
Ankit/-
U T
Manoj Kumar Son of Mukund Prasad @ Thakur Prasad
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
