IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1338 of 2008 SHIV KUMAR MAHTO Versus KALA DEVI ----------- 2 23/9/2008 Heard Mr. Ratnakar Jha, learned counsel appearing on behalf of the petitioner. For the reasons mentioned in the application (I.A. No. 5014 of 2008), the delay in filing of this civil revision application is condoned. Considering the case of the petitioner on merits, this Court would not find any reason to interfere with the impugned order passed under section 125 of the Code of Criminal Procedure, in as much as, the same is exparte order and the petitioner had definitely remedy against such order under section 126 (2) of the Code of Criminal Procedure. That being so, this application is permitted to be withdrawn with a liberty to the petitioner to move the court below against the impugned order under section 126 (2) of the Cr.P.C. In the event, the petitioner files such application within a period of three 2 month from today, the court below taking into account that this civil revision application was pending against the impugned order, which has been held to be now not maintainable, would condone the delay and decide the case on merit, provided the petitioner along with the application files proof of payment of arrear and current amount of maintenance as directed in the impugned order. ( Mihir Kumar Jha, J. ) Abhay Kumar