Patna High CourtCR. MISC./404/2017dismissed

Sheo Narayan Bhagat v. The State Of Bihar And ORS

2018-03-15Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.404 of 2017 Arising Out of PS.Case No. -244 Year- 2006 Thana -MADHEPURA District- MADHEPURA =========================================================== Sheo Narayan Bhagat, Son of Bhuneshwari Bhagat, Resident of Village - Bhan, Police Station - Madhepura, District - Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar,

2. Lalan Kumar @ Lalan Mandal, Son of Parsuram Mandal,

3. Pramod Sharma @ Pramod Yadav @ Pramod Kumar, Son of Kusheshwar Sharma

4. Indra Bhushan Kumar @ Bhushan Mandal, Son of Jawahar Mandal,

5. Pintu Kumar @ Pinku @ Pintu Mandal @ Pinku Mandal, Son of Chhotelal Mandal All Resident of Village - Bhan Tekthi, Police Station - Madhepura, District - Madhepura .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 15-03-2018 Heard Mr. Uday Chand Prasad, learned counsel for the petitioner and learned counsel for the State.

2. In the present application filed under Section 482 of the Code of Criminal Procedure, the petitioner has challenged the

Patna High Court Cr.Misc. No.404 of 2017 dt.15-03-2018 order dated 12.08.2016 passed by the learned Additional Sessions Judge-III, Madhepura in Sessions Trial No.128 of 2010 arising out of Madhepura P.S. Case No.244 of 2006 by which opposite parties No.2 to 5 have been declared as juvenile.

3. In view of the fact that the order passed by the court below declaring the opposite parties no.2 to 5 as juvenile is appealable, the instant application under Section 482 of the Code of Criminal Procedure is thoroughly misconceived. It is dismissed, accordingly.

4. However, it would be open to the petitioner to avail statutory remedy in accordance with law against the order impugned.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.03.2018 Transmission 24.03.2018 Date