Patna High CourtCR. MISC./43442/2013disposed

Rabindra Prasad v. State Of Bihar And ANR

2016-07-01Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 43442 of 2013 Arising Out of PS.Case No. -214 Year- 2011 Thana -KADAMKUAN District- PATNA ====================================================== Rabindra Prasad S/O Sri Mewalal R/O Flat No.505, Vasudham Apartment, Kadam Kuan, Patna .... .... Petitioner

Versus

1. The State of Bihar

2. Mahabir Prasad S/O Unknown Choube Sadan Bindhyawasini Street, Kadamkuan, Patna - 3, Mobile No. 9431734504 .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

01-07-2016 Heard Sri Pramod Kumar Singh, learned counsel for the petitioner and Sri Nityanand, learned Addl. Public Prosecutor. The sole petitioner has come against the order of revisional court i.e. order dated 17-06-2013 passed in Criminal Revision No. 828 of 2012 by the learned Sessions Judge, Patna. By the said order, revision preferred by the petitioner against the order dated 30-08-2012 for discharge of the petitioner in Kadamkuan P.S. Case No. 214 of 2011 registered for the offence under Sections 406 & 420 of the Indian Penal Code has been rejected.

At the time of hearing, learned counsel for the petitioner submitted that petitioner is ready to pay the entire

Patna High Court Cr.Misc. No.43442 of 2013 (5) dt.01-07-2016 2/2 amount to the informant.

Keeping in view the fact that against rejection of discharge petition, revision too has been rejected, normally, this Court does not interfere in such matter. The reason is that such petition is treated as 'second revision', which is barred under Section 397(3) of the Cr.P.C. However, learned counsel for the petitioner makes a prayer for disposal of the present petition so that the petitioner may approach the informant for settling the dispute outside the court.

The petition stands disposed of.

(Rakesh Kumar, J.) Anay U T