Sundar Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3729 of 2013 Arising Out of PS.Case No. -0 Year- null Thana -null District- VAISHALI (HAJIPUR) =========================================================== Sundar Devi, W/o Late Rajeshwar Rai, Resident of Village-Lawapur Narain, P.S.- Mahnar, District-Vaishali. .... .... Petitioner
Versus
1. The State of Bihar.
2. Smt. Lakhi Devi W/o Gupteshwar Sah
3. Nagina Devi, W/o Parikshan Sah,
4. Laxmi Sah S/o Parikshan Sah, all are resident of Village-Lawapur Narain, P.S.- Mohanpur, District -Vaishali.
.... .... Opposite Parties =========================================================== Appearance :
For the Petitioner/s : Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s : Dr. Mayanand Jha, APP For the O.P. No. 2 : Mr. Mahendra Thakur, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 13-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.
This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 16th August, 2012 passed by the learned 1st Additional Sessions Judge, Vaishali at Hajipur in Criminal Revision No. 155 of 2004/38 of 2004 by which he has dismissed the revision application and
Patna High Court Cr.Misc. No.3729 of 2013 dt.13-05-2015 2 / 2 confirmed the order dated 22.05.2004 passed by the learned Executive Magistrate in Case No. 320 of 1999 whereby he has declared the possession of the opposite parties in a proceeding under Section 145 of the Code of Criminal Procedure. Though the present application has been filed under Section 482 of the Code of Criminal Procedure but the same is in the form of second revision which is barred under Section 397(3) of the Code of Criminal Procedure. Moreover, I do not find any illegality or irregularity in the impugned order passed by the Executive Magistrate or the order passed by the revisional Court. Regard being had to the facts and circumstances of the case, the application, being devoid of any merit, is dismissed. (Ashwani Kumar Singh, J.) Sanjeet/- U T