Md. Zakir Hussain @ Zakir Hussain v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.409 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Jehanabad ====================================================== MD. ZAKIR HUSSAIN @ ZAKIR HUSSAIN Son of Late Md. Islam Resident of Village-Kosdihra P.S. Jamhor District-Aurangabad, Presently residence of Ripan Street No.31 P.S. Ripan Street Kolkata-16, West Bengal. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Shabnam Praveen Wife of Md. Zakir Hussain and daughter of Md. Hanif Khan Resident of Village-Kosdihra P.S.-Jamhor District-Aurangabad, at present resident of village-Basilpur P.S. and District-Arwal. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath, Adv For the Respondent/s :

Mr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 15-12-2023 Heard learned Advocate for the petitioner as well as learned APP for the State.

2. The instant revision is directed against an ex parte order dated 20th of July, 2017, in Miscellaneous Case No. 37 of 2016 under Section 127 of the Cr.P.C. The petitioner has appropriate remedy to vacate the ex parte order before the trial Court. Revision Application is not maintainable.

3. Accordingly, the instant revision is dismissed, however, the petitioner is at liberty to file appropriate application for vacating ex parte order dated 20th of July, 2017

Patna High Court CR. REV. No.409 of 2019(4) dt.15-12-2023 2/2 passed by the trial Court subject to law of the limitation. (Bibek Chaudhuri, J) uttam/- U