Phulendra Narayan Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21956 of 2011 ======================================================

1. Phulendra Narayan Singh S/O Late Yogendra Narayan Singh Manager North Eastern Carrying Corporation Ltd., Branch Office, Purnea, P.S.- Purnea, Distt.-Purnea.

.... .... Petitioner/s

Versus

1. The State Of Bihar Through The District Magistrate, Purnea.

2. Ashok Kumar Chaudhary, Proprietor Of M/S Ashish Company, Sanskrit Bhawan, Circuit House Road, Purnea, P.S.-K. Hat, Distt.-Purnea. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Dinbandhu Singh Gp9 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 27-11-2015 Nobody appears on behalf of the petitioner.

Heard the counsel for the State.

Petitioner is the complainant of C.A. No. 870 of 2006 filed under Sections 420 and 500 of the IPC. The learned Magistrate took cognizance of the case. Aggrieved thereby the accused filed a revision which was considered and allowed to the extent that cognizance taken under Section 420 of the IPC was not sustainable in the setting of allegations constituted in the complaint.

Present writ application assails the aforesaid order passed by the learned Additional Sessions Judge, Fast Track Court no.III, Purnia in Cr. Revision no. 131 of 2007. Counsel for the

Patna High Court CWJC No.21956 of 2011 (5) dt.27-11-2015 2/2 State has rightly pointed out that the order passed by the learned Additional District Judge can be assailed under the relevant provisions of the Code of Criminal Procedure. The writ application is not maintainable.

Agreeing with the submission of the counsel for the State, the writ application is dismissed.

(Kishore Kumar Mandal, J) Shyam/- U