Phulena Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 63558 of 2017 Arising Out of PS. Case No.-91 Year-2012 Thana- East Champaran Complaint District- East Champaran ====================================================== Phulena Sharma, S/o Late Mangal Sharma, Resident of Dharampur, P.S. - Kalyanpur, District - East Champaran.

... ... Petitioner

Versus

1. The State of Bihar

2. Satrudhan Singh, S/o Late Mathura Singh.

3. Sumitra Kuar, S/o Late Shivji Singh, Resident of Dharampur, P.S. - Kalyanpur, District - East Champaran.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

03-01-2018 Heard Sri Dhananjay Kumar Tiwary, learned counsel for the petitioner and Sri Damodar Prasad Tiwary, learned Addl. Public Prosecutor.

The present petition has been filed with a prayer to quash an order dated 28-06-2017 passed by the revisional court i.e. 13th Additional Sessions Judge, East Champaran, Motihari in Criminal Revision No. 109 of 2016. By the said order, the learned Additional Sessions Judge, assigning detailed reason, has rejected the petition filed by the petitioner against order dated 07-05-2016 passed in Complaint Case No. 91 of 2012 by learned A.C.J.M., 13th, Motihari.

Normally, a petition filed under Section 482 of the Code

Patna High Court Cr.Misc. No.63558 of 2017(2) dt.03-01-2018 2/2 of Criminal Procedure, 1973 against order of revisional court amounts to 2nd revision, which is not permissible under Section 397(3) of the Cr.P.C. Besides this, I have also perused the materials on record. I do not find any apparent error warranting interference.

The petition stands dismissed.

(Rakesh Kumar, J.) anay U T