Patna High CourtCR. MISC./30263/2015dismissed

Ram Chandra Prasad v. The State Of Bihar And ORS

2015-07-10Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30263 of 2015 Arising Out of PS.Case No. -35 Year- 2005 Thana -RAMPUR District- GAYA =========================================================== Ram Chandra Prasad, son of Ram Bilas Prasad, resident of Mohalla Vir Kunwar Singh Colony, Road No.2, P.S.- Magadh Medical, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar

2. Tarun Choudhary, son of Rajendra Choudhary, resident of Mohalla A.T.Gate, P.S. Magadh Medical, District- Gaya.

3. Chandan Singh Rawani, son of Uday Prasad, resident of Mohalla- Vishnupad Road, Brahmni Ghat, P.S. Civil Lines, District- Gaya. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar, Adv. For the Opposite Party/s : Mr. Binod Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 10-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

By this application filed under section 482 of the Code of Criminal Procedure, the petitioner has challenged the order dated 09.03.2015 passed by the learned Adhoc Additional Sessions Judge 1st, Gaya in Sessions Trial No. 126 of 2010 arising out of Rampur P.S.Case No. 35 of 2005, by which the court below has rejected the application dated 04.02.2015 filed by the informant (petitioner) refusing to mark some public documents which were filed by the petitioner as exhibits.

It would appear from the impugned order that similar

Patna High Court Cr.Misc. No.30263 of 2015 dt.10-07-2015 2/2 prayer was made before the trial court by filing an application on 11.11.2014, which was rejected by it vide order dated 06.12.2014 after hearing the parties. The petitioner filed another application seeking the same relief on 04.02.2015, which has been refused by the court below on the ground that a criminal court has no power to review its order on merits in terms of section 362 of the Code of Criminal Procedure.

I find no illegality in the impugned order passed by the court below. Accordingly, the application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U T