IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9531 of 2011 ====================================================== Rahmat Rozy .... .... Petitioner/s Versus The State of Bihar & Anr. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. A.K. Singh Tarun For the S t a t e : A.C. to G.P.-19 For Respondent No.2 : Mr. Rakesh Kumar Soni ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 5 10-07-2012 Mr. A.K.Singh Tarun, learned counsel appearing on behalf of the petitioner, learned counsel appearing for the State and Mr. Rakesh Kumar Soni, learned counsel appearing for respondent no.2 are present. This application is directed against the order dated 26.6.2010 passed by the Principal Judge, Family Court, Vaishali at Hajipur in a case arising from Maintenance Case No.21 of 2009 filed under section 125 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’), whereby the learned Family Court upon consideration of an application filed by the respondent nos.2 under section 125 (5) of the Code has been pleased to order for stay of his own order dated 20.2.2010 whereby interim maintenance had been granted to the petitioner. The petitioner has also questioned the subsequent order dated 24.2.2011, whereby the application for Patna High Court CWJC No.9531 of 2011 (5) dt.10-07-2012 2 re-consideration of the issue filed on 6.12.2010 has been rejected. As the matter pertains to a maintenance proceeding arising from section 125 of the Code, taking into consideration the Division Bench pronouncement in the case of Raj Kumar Sah Vs. The State of Bihar reported in 2008 (4) PLJR 817, more particularly paragraphs 17 and 22 thereof, learned counsel for the petitioner is permitted to convert the present application filed under Article 227 of the Constitution of India into a criminal revision application and make necessary/ appropriate corrections in the application within a week. Let the matter be placed before the appropriate Bench as per the roster, after fresh stamp reporting. Learned counsel for the petitioner would be at liberty to make a motion for urgent hearing of the matter before the Bench concerned. SKPathak/- (Jyoti Saran, J)