Dayanand Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2171 of 2015 Arising Out of PS.Case No. -102 Year- 1988 Thana -AMAS District- GAYA ======================================================

1. Dayanand Prasad Son of Fekan Singh Resident of Village - Velikonch, P.S- Guraru, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Moin Mian @Moinuddin Malik Son of Late Abdul ware R/v -Shumali P.S- Sherchali, District - Gaya.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jay Prakash Singh For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-09-2015 By filing the present application under Section 482 of the Code of Criminal Procedure, the petitioner has challenged the order dated 14.10.2014 passed by the learned Sessions Judge, Gaya in Cr.Rev. No.51 of 2014 whereby the revision against the order dated 13.01.2014 passed by the learned Judicial Magistrate 1st Class, Sherghati in Aamas P.S.Case No. 102 of 1988 has been dismissed.

Though the present application has been filed under Section 482 of the Code of Criminal Procedure, the same is in the nature of second revision, which is barred under section 397(3) of the Code of Criminal Procedure. Even otherwise, I do not find any patent illegality in the impugned order passed by the learned

Patna High Court Cr.Misc. No.2171 of 2015 (2) dt.17-09-2015 2/2 Sessions Judge, Gaya.

In that view of the matter, the application, being devoid of any merit, is dismissed.

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