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Patna High CourtCR. MISC./58168/2015dismissed

Seelak Ram v. The State Of Bihar

2016-05-13Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58168 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -BARUN District- AURANGABAD =========================================================== Seelak Ram son of Sri Ram Kumar, resident of H.No. 10, Village- Petawarh, Block -I, Tahsil Narnaund, District- Hisar (Haryana) .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 13-05-2016 By way of the present application preferred under Section 482 of the Code of Criminal Procedure, 1973 (for short "CrPC"), the petitioner seeks quashing of the order dated 30th September, 2015 passed by the learned 1st Additional Sessions Judge, Aurangabad in Cr. Revision No. 32 of 2015/2 of 2015, whereby the revision application preferred against the order dated 7th April, 2015 passed by the learned Chief Judicial Magistrate, Aurangabad directing to release the truck bearing no. BR-47B5047 to its owner/Director, namely, Mauzam Ali Khan of Baruna Integrated Logistic Pvt. Ltd. on filing Indemnity Bond, has been rejected.

2.

Though the present application has been filed

Patna High Court Cr.Misc. No.58168 of 2015 dt.13-05-2016 2/2 under Section 482 of the CrPC, the same is in the nature of second revision which is barred under Section 397(3) of the CrPC. Even otherwise, I find no illegality either in the order dated 7th April, 2015 passed by the learned Chief Judicial Magistrate, Aurangabad or in the order dated 30th September, 2015 passed by the Revisional Court.

3.

In that view of the matter, the application, being devoid of any merit, is hereby dismissed.

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