Patna High CourtCR. MISC./3880/2016dismissed

Ram Chandra Sahani v. The State Of Bihar And ORS

2016-09-02Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 3880 of 2016 Arising Out of PS.Case No. -312 Year- 2012 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================= Ram Chandra Sahani S/o Late Amichand Sahani, Resident of Village - Semraha, P.S. - Rajepur, District - East Champaran at Motihari. .... .... Petitioner

Versus

1. The State of Bihar

2. Bambam Chaudhary, S.D.P.O, Pakridayal, District - East Champaran.

3. Subodh Kumar Singh, Officer - in - charge, Rajepur Police Station, District - East Champaran.

.... .... Opposite Parties ======================================================= Appearance :

For the Petitioner/s : Mr. Satya Prakash Sinha For the Opposite Party/s : Mr. Uma Nath Mishra(App) ======================================================= CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

02-09-2016 Heard Sri Satya Prakash Sinha, learned counsel for the petitioner and Sri Uma Nath Mishra, learned Addl. Public Prosecutor.

The petitioner, who is complainant in Complaint Case No. 312 of 2012, has approached this Court invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 31-08-2015 passed by learned 7th Additional Sessions Judge, East Champaran at Motihari, whereby, he has rejected the revision i.e. Cr. Revision No. 212/103 of 2013/14. The petitioner had preferred the said revision against the order of rejection of complaint petition under Section 203 of the Cr.P.C.

Patna High Court Cr.Misc. No.3880 of 2016 (2) dt.02-09-2016 2/2 The Court is of the opinion that once the order of rejection of complaint petition was approved by the revisional court, a petition filed in the garb of Section 482 of the Cr.P.C. can be termed as 'second revision', which is barred under Section 397(3) of the Cr.P.C. Besides this, I do not find any apparent error in either of the orders.

The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T