IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1392 of 2008 JAMES LAJARUS @ JAMES LAJRUS Versus ANJU JAMES ----------- 2. 23.9.2008 Heard counsel for the petitioner. For the reasons mentioned in the application (I.A.No. 5129/2008) the delay in filing of this civil revision application is hereby condoned. Coming to the merits of this case this Court would not find any reason to interfere with the impugned order, especially when the petitioner has a remedy under section 126(2) of the Code of Criminal Procedure. Counsel for the petitioner, however, would submit that the impugned order was passed on 17.1.2007 and now when the petitioner intends to file an application under section 126(2) Cr.P.C. the same may be held to be barred by limitation, inasmuch as the time given therein is only three months. This Court would accordingly give liberty to the petitioner to file an application within a period of one month from today alongwith a proof of payment of 2 arrears as per the impugned order as also current amount till the order is valid under section 126(2) Cr.P.C. In the event the petitioner appears within a period of one month and files an application under section 126(2) Cr.P.C. with a proof of payment of entire arrears as per the impugned order the court below will condone the delay and would hear the case of the petitioner on merit. Let it be made clear that this Court has not observed on the merits of the claim of the petitioner. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/