IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1543 of 2008 ABASH MIAN SON OF SALIM MIAN, R/O- VILLAGE TIKAITA, P.S.- TURKAULIA, DISTRICT- EAST CHAMPARAN. Versus 1. THE STATE OF BIHAR 2. KULSUM KHATOON W/O- ABASH MIAN D/O- HAFIZ MIAN R/O- VILLAGE TIKAITA, P.S.- TURKAULIA DISTRICT- EAST CHAMPARAN, AT PRESENT RESIDENT OF VILLAGE JAMHA, P.S.- MOTIHARI MUFFASIL, DISTRICT- EAST CHAMPARAN. For the petitioner : Mr. Sunil Kumar no. 3, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ----------- 3 23.08.2010 I.A. no. 2620 of 2008 Present application has been filed under Section 5 of the Limitation Act seeking condonation of delay. Learned counsel for the petitioner submits that the delay occurred due to the fact that initially quashing application was filed which was later converted into revision application. For the reasons disclosed in the application and the submissions made in support thereof, the application is allowed, Delay is condoned. Petitioner is aggrieved by the order dated 19.5.2008 passed by learned Principal Judge, Family Court, East Champaran whereby he has been directed to pay Rs. 1200/- per month as maintenance to O.P. no. 2. Learned counsel for the petitioner submits that the order dated 19.5.2008 granting maintenance in favour of wife (O.P. no. 2) was passed ex-parte. This Court finds from paragraph 2 of the order that notice was duly served on him. It is stated that the petitioner filed 2 an application under Section 126(2) of Cr.P.C. on 5.8.2008 (Annexure-2) which has not been considered and disposed of till date. He draws attention of the Court to the statements made in paragraph 4 of the revision application. If that be so, this Court directs the learned court below to consider and dispose of the said application in accordance with law as early as possible preferably within four months from the date of receipt/production of a copy of this order in the Court below. Petitioner shall appear in the court below along with a copy of this order within four weeks from today. Let it be recorded that neither the petitioner has made any submission on merit nor this Court has gone there into. With this observation and direction, the application is disposed of. Needless to observe that the order dated 19.5.2008 will not preclude the learned court below in considering and disposing of the pending application filed under Section 126(2) of the Cr.P.C in accordance with law. pkj ( Kishore K. Mandal, J. )