RAJ KUMAR SHAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has come up for consideration before us on a reference made by a learned Single Judge of this Court. Short facts giving rise to the present application are that in exercise of the power under Section 125 of the Code of Criminal procedure, petitioner, who happens to be the husband of one Ram Kumari Devi, was directed to pay maintenance at the rate of Rs. 250 per month to her and Rs. 150 each for the two children. Petitioner filed application dated 5. 4. 2004 under Section 125 (4) of the code of Criminal Procedure for recall of the said order. Principal Judge, Family Court, madhubani by order dated 26. 2. 2008 passed in M. R. No. 6 of 1999 rejected the said prayer.

(2.) AGGRIEVED by the same, petitioner filed this Criminal Revision Application under sections 397 and 401 of the Code of. Criminal Procedure read with Section 19 (4) of the family Courts Act, 1984.

(3.) THE Stamp Reporter objected to the maintainability of Criminal Revision application and observed that against an order passed by the Principal Judge, Family court, Civil Revision would lie. For the aforesaid view, the Stamp Reporter relied on a judgment of the learned Single Judge in the case of Lata Devi and others v. Umesh nandan Sharma, Petitioner contested the stamp-report and contended that the principal Judge, Family Court having rejected application filed under Section 125 (4) of the code of Criminal Procedure, Criminal revision would lie. The matter came up for consideration before the learned Single judge, who doubted the correctness of the judgment of this Court in the case of Lata devi and others (supra) and referred the matter for decision by a Division Bench. This is how the matter has come up before us for consideration.