Zainul Abedin v. The State of Bihar
Case brief
What is this about?
Patna High Court, CRL. REV. No.696 of 2024, decided 09-07-2025 by Bibek Chaudhuri, J. Keywords: condonation of delay 67 days; Section 5 Limitation Act allowed; criminal revision against ex-parte maintenance order not maintainable; Section 126 Cr.P.C. vacation of ex-parte maintenance order; non-receipt of notice of maintenance proceeding; registered post copy of judgment 20th July 2024; revision dismissed with liberty to apply to Family Court; Principal Judge Family Court Aurangabad to dispose in accordance with law; parties Zainul Abedin v. State of Bihar, Shabana Khatoon, Ehsan Raza, Zainub Fatma; advocates Uma Kant Mishra (petitioner), Manoj Kumar APP (respondents).
What did the court decide?
Delay of 67 days condoned and I.A. No. 01 of 2024 under Section 5 of the Limitation Act allowed; criminal revision dismissed as not maintainable, with liberty reserved to the petitioner to file an application for vacating the ex-parte maintenance order, along with a Section 5 Limitation Act application, before the Principal Judge, Family Court at Aurangabad, who is to dispose of it in accordance with law.