Doman Yadav @ Doman Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16012 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Nalanda ====================================================== 1.

DOMAN YADAV @ DOMAN GOPE Son of Late Chetan Gope 2.

Guddu Gope @ Sitaram Kumar Son of Shree Doman Gope Resident of Village- Patuana, P.S.- Bihar Sharif, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vijay Kumar Sinha 3.

Janardan Prasad Sinha Both Sons of Late Kailash Prasad Sinha Resident of Village- Basanpur, P.S.- Rahui, District- Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinay Raj, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 12-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

2. The present application has been filed for quashing and setting aside the order dated 10.12.2020 passed by Presiding Officer, Fast Track Court-I, Nalanda at Bihar Sharif in Criminal Revision No. 094/2014/CNR No. 0000/2014 by which order dated 04.01.2014 passed by Executive Magistrate, Bihar Sharif in Miscellaneous Case No. 3 (MP) 2005/Trial No. 68/2006 under Section 145 of the Cr. P.C. has been set aside.

3. At the very outset it is not disputed by learned counsel for the petitioners that the impugned order dated 10.12.2020

Patna High Court CR. MISC. No.16012 of 2021 dt.12-05-2022 2/2 passed in Cr. Rev. No. 094/2014/CNR No. 0000/2014 is amenable to revisional jurisdiction of this Court.

4. It is well settled that powers of quashing under Section 482 Cr.P.C., are not normally to be exercised in the face of availability of alternative statutory remedy to the petitioners.

5. In the above circumstances, the present petition is dismissed with liberty to the petitioners to take recourse to such statutory remedy as may be available to them in accordance with law.

(Rajesh Kumar Verma, J) Nitesh/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 18.03.2024 Transmission Date 18.03.2024