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Patna High CourtCR. MISC./44998/2012dismissed

Arun Kumar v. State Of Bihar And ANR

2015-05-07Mr. Justice Dharnidhar Jha1 pages

Patna High Court Cr.Misc. No.44998 of 2012 (2) dt.07-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44998 of 2012 ====================================================== Arun Kumar .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md.Imteyaz Ahmad For the Opposite Party/s : Mr. J.K.Roy-I(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 07-05-2015 Heard.

On maintainability of the petition, this Court finds that the petitioner having himself persued a criminal revision petition and having got an order dismissing the petition on account of the period of limitation having intervened in filing of the petition, this petition is not maintainable.

However, the bonafide of the contention of the petitioner, which is based on a lease deed which could be a bilateral record between the State and the petitioner, could be considered by the court below at the appropriate stage of the trial so as to considering whether it was desirable to proceed with the trial of the case.

With the above observation, this petition is dismissed. (Dharnidhar Jha, J) B.Kr./-U.K.

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