Amrendra Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8761 of 2015 ====================================================== Amrendra Kumar Singh, S/o Nagendra Kumar Singh, residence of villageDumaria, Kursela, P.S.- Kursela, District- Katihar .... .... Petitioner

Versus

1. The State of Bihar

2. Deepu Sah S/o Murat Sah, of village- Kursela, P.S.- Kursela, DistrictKatihar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Prasad Sinha, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The instant application has been directed against the order dated 13.12.2013 passed by the learned Additional District & Sessions Judge-II, Katihar in Criminal Revision No. 25/2013 whereby the Revision application filed by the petitioner against the order dated 06.09.2012 passed by the learned Sub-Divisional Magistrate, Katihar in Case No. 142M/2010 in a proceeding under Section 145(5) of the Code of Criminal Procedure has been dismissed.

Though the present application has been filed under Section 482 of the Code of Criminal Procedure, the same is in

Patna High Court Cr.Misc. No.8761 of 2015 (2) dt.09-10-2015 2 / 2 the form 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 revisional Court.

Accordingly, the application is dismissed as not maintainable.

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