The Court held that no revision lies against an interim maintenance order per Md. Akil Ahmad. Permission was granted to convert the application into one under Article 227 of the Constitution, with the matter to be posted after removing defects.
Permission granted to convert the application under Article 227 of the Constitution within three weeks.
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 REVISION No.332 of 2021
Arising Out of PS. Case No.- Year-0 Thana- District- Munger
======================================================
SANJAY SHARMA S/o Shivjee Sharma R/o village- Shaheed Ashram Road Jhoushagarhi, P.S.- Kunda, District- Deoghar, Jharkhand
... ... Petitioner
Versus
... ... Respondents
====================================================== Appearance :
For the Petitioner/s : Mr.Manohar Prasad Singh, Advocate For the Respondent/s : Mr.B.N. Pandey, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
This revision application has been filed against an interim order awarding maintenance to the applicant-wife and cost of Rs. 1000/- per date. In view of the Hon’ble Division Bench judgment of this Court in the case of Md. Akil Ahmad v. The State of Bihar & Ors. reported in 2016 (4) PLJR 968, revision application would not lie against an interim order.
Learned counsel for the petitioner at this stage seeks permission to convert this application in an application under Article 227 of the Constitution of India.
Permission is granted.
Let this application be converted in an application under Article 227 of the Constitution of India within a period of three weeks from today whereafter stamp reporting shall be
Patna High Court CR. REV. No.332 of 2021(2) dt.01-11-2022 2/2
done and after removal of the defects the matter shall be posted before an appropriate Bench as per roster.
In the meantime, learned counsel for the petitioner
shall remove the SR defects.
(Rajeev Ranjan Prasad, J)
Rajeev/-
U
Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading ‘Judicial Orders Passed During The Pandemic Period’.
2 issues framed by the court
Whether a revision lies against an interim order awarding maintenance and costs.
Whether the petitioner can be permitted to convert the application under Section 397 CrPC to file a writ under Article 227 of the Constitution.
Colour shows how this judgement treated each authority
Md. Akil Ahmad v. The State of Bihar & Ors.Explained¶14
Md. Akil Ahmad v. The State of Bihar & Ors. reported in 2016 (4) PLJR 968
1 provisions across 1 enactments
Sanjay Sharma
The State of Bihar
Suman Sharma
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
