Manoj Kumar Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.966 of 2015 Arising Out of PS.Case No. -736 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR =========================================================== Manoj Kumar Gupta son of Ashok Kumar Gupta, resident of Mohallah- Ward No.5, Mirchaibari, P.S. and District - Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Meera Sahu wife of Shankar Prasad Sahu

3. Shankar Prasad Sahu son of Late Ramswaroop Prasad Sahu Opposite Party No.2 and 3 are resident of Mohallah - Ward No.5, P.S. and District - Katihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Ms Renu Kumari, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 17-12-2015 By way of the present application under section 482 of the Code of Criminal Procedure (for short "Cr.P.C."), the petitioner seeks quashing of the order dated 4.12.2014 passed by the learned Sessions Judge, Katihar, in Criminal Revision No.117 of 2014 whereby the order of the learned Judicial Magistrate, 1st Class, Katihar, dated 8.8.2014 passed in Complaint Case No.C.A. 736 of 2013, has been affirmed.

Though the present application has been filed under section 482 of the Cr.P.C., the same is in the form of second revision which is barred under section 397(3) of the Cr.P.C. Even otherwise, there is no

Patna High Court Cr.Misc. No.966 of 2015 dt.17-12-2015 2/2 apparent illegality in the impugned order passed by the revisional court.

Accordingly, the application, being devoid of any merit, is hereby dismissed.

(Ashwani Kumar Singh, J) Md.S./- U T