Patna High CourtCR. MISC./55721/2015dismissed

Hardeo Prasad v. The State Of Bihar And ORS

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55721 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- SIWAN =========================================================== Hardeo Prasad son of Late Indrashan Prasad, resident of village - Korar, Police Station - Basantpur, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Mostt. Laichi Devi wife of Late Jagarnath Prasad

3. Daroga Prasad

4. Dularchand Prasad

5. Rudal Prasad

6. Rajesh Prasad

7. Pramod Kumar All from 3 to 7 are sons of Late Jagarnath Prasad, All from 2 to 7 are residents of village - Korar, Police Station - Basantpur, District- Siwan.

8. Motilal Prasad son of Dinanath Prasad

9. Sheo Balak Prasad son of Late Jangi Mahto

10. Deodhari Prasad son of Nageshwar Prasad

11. Bishun Dayal Prasad son of Nageshwar Prasad All are resident of village - Korar, Police Station - Basantpur, District - Siwan.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. M.K. Nirala, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 13-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

2. By way of the present application preferred under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C."), the petitioner has challenged the order dated 16.9.2015 passed by the learned Additional District and Sessions Judge-II, Siwan, in Cr.

Patna High Court Cr.Misc. No.55721 of 2015 dt.13-05-2016 2/2 Revision No.177 of 2013, whereby the revision application filed against the order of the Executive Magistrate, Maharajganj, dated 10.6.2013 passed in Trial No.110 of 2013 in a proceeding under Section 145 of the Cr.P.C., has been rejected.

3. In my opinion, the present application under Section 482 of the Cr.P.C. is in the nature of second revision which is barred under Section 397(3) of the Cr.P.C.. Even otherwise, I do not find any apparent illegality in the order passed by the revisional court.

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

(Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE Uploading Date Transmission Date