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Judgment
Heard the parties.
This case has been fixed to today as an objection has been raised by the stamp reporter to the effect that in this criminal miscellaneous petition prayer has been made to quash and set aside the order dated 24.02.2026 passed by the learned Family Court, Bokaro in Miscellaneous Criminal Application No. 04 of 2025 arising out of Original Suit No. 602 of 2023 by which the Miscellaneous Criminal Application No. 04 of 2025 filed by the petitioner in the Family Court, Bokaro against the respondent-wife of that case under Sections 379 and 215 of Bharatiya Nagarik Suraksha Sanhita, 2023 which corresponds to Sections 340 and 195 of the Code of Criminal Procedure for initiation of the proceeding against the respondent-wife for the offences mentioned therein has been dismissed.
The stamp reporter also mentioned that in view of Section 380 of Bharatiya Nagarik Suraksha Sanhita, 2023, there is provision statutory of appeal and this criminal miscellaneous petition challenging the said order is not maintainable.
The petitioner in person though being given opportunity by this Court to engage a counsel or law knowing person to assist him but the petitioner in person, insisted that this case is maintainable.
In view of the specific provision under Section 380 of Bharatiya Nagarik Suraksha Sanhita, 2023 providing statutory appeal, this Court is of the considered view that this criminal miscellaneous petition involving Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 is not maintainable.
Accordingly, this criminal miscellaneous petition is dismissed being not maintainable.