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Patna High CourtCR. MISC./12465/2015dismissed

Satya Narayan Prasad v. The State Of Bihar

2019-07-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12465 of 2015 Arising Out of PS. Case No.-526 Year-2007 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Satya Narayan Prasad, Son of Late Sita Ram Prasad, Resident of Village - Ratanpura Tola, Tiwary Bigha, P.S. - Barun, District - Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 01-07-2019 Heard learned counsel for the parties.

2. Petitioner is complainant of Complaint Case No. 526 of 2007. By order dated 18.09.2013, the prayer of the petitioner for addition of charge under Section 379 of the Indian Penal Code against the accused was refused. The petitioner challenged the said order before the learned Sessions Judge in Cr. Revision No. 156 of 2012/08 of 2014 and by order dated 20.11.2014, the learned 4th Additional Sessions Judge, Aurangabad refused to interfere with the order dated 18.09.2013. In the circumstances, the orders aforesaid have been challenged before this Court in exercise of power under Section 482 Cr.P.C.

3. Since second revision application against the order dated 18.09.2013 is barred in view of the specific bar under sub-

Patna High Court CR. MISC. No.12465 of 2015 dt.01-07-2019 2/2 section 3 of Section 397 Cr.P.C., hence, this application in the guise of second revision cannot be entertained. Accordingly, it stands dismissed as not maintainable.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 04.07.2019 Transmission Date 04.07.2019