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Patna High CourtCR. MISC./21138/2023dismissed

Sudhir Kumar @ Sudhir Kumar Tiwary v. The State Of Bihar

2023-10-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21138 of 2023 Arising Out of PS. Case No.-335 Year-2019 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== SUDHIR KUMAR @ SUDHIR KUMAR TIWARY Son of Late Chaturbuj Tiwary Resident of 52, Patliputra Colony, P.S.- Patliputra, District- Patna 1.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Rita Tiwary Wife of Late Dr. Arun Kumar Resident of 52, Patliputra Colony, P.S.- Patliputra, District- Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Sunil Kumar Tiwari, Advocate For the Opposite Parties :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-10-2023 By an order dated 13.10.2019 passed by the learned 20th Additional Sessions Judge, Muzaffarpur, in Criminal Revision No.200/2019, the said revision application has been admitted. The petitioner is an accused in Complaint Case No. 335/2019, which was earlier dismissed by learned Sub-JudgeXIII-cum-ACJM, Muzaffarpur. The complainant approached the revisional court against the order of dismissal of the complaint petition, which was admitted by said order dated 13.10.2019. The petitioner is assailing the order dated 13.10.2019 in the present application filed under Section 482 of the CrPC.

2. This application, in the Court's opinion, is thoroughly misconceived and is dismissed. It is not the case of

Patna High Court CR. MISC. No.21138 of 2023(2) dt.16-10-2023 2/2 the petitioner that the revisional court did not have the jurisdiction to entertain the revision application. The conduct of the petitioner in approaching this Court nearly four years after the revision application was admitted cannot be countenanced.

3. The application is devoid of merit and is accordingly dismissed.

(Chakradhari Sharan Singh, J) Pawan/- U T