Bipin Giri And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1126 of 2017 Arising Out of PS.Case No. -65 Year- 2013 Thana -SC/ST DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bipin Giri, Son of Jagat Narayan Giri,

2. Jawahir Giri, Son of Jagat Narayan Giri, Both are Resident of Mohalla - Pakariya, Police Station Harsidhi, District - East Champaran .... .... Appellants

Versus

1. The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar No.-7 For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 12-05-2017 Heard learned counsel for the appellants as well as learned Spl.P.P.

Vide order dated 03.10.2013, cognizance had already been taken and on account thereof, the instant appeal under the guise of Section 438 Cr.P.C. is not maintainable as held by the Hon'ble Apex Court in Bacchu Das vs. State of Bihar 2014 (3) SCC 471 as well as Manju vs. Onkarjit Singh Ahluwalia @ Omkarjeet Singh & Others, Cr. Appeal No.570 of 2017. Accordingly, the instant appeal is dismissed. (Aditya Kumar Trivedi, J.) rinkee/- U T