Patna High CourtCR. MISC./38060/2016dismissed

Most. Lakshmi Devi @ Lachhmi Devi v. The State Of Bihar And ORS

2018-01-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38060 of 2016 Arising Out of PS.Case No. -368 Year- 2001 Thana -KATIHAR District- KATIHAR =========================================================== Most. Lakshmi Devi @ Lachhmi Devi wife of Late Rampati Paswan, resident of village-Naya Tola, Airport, Katihar, P.S.+ District- Katihar .... .... Petitioner/s

Versus

1.The State of Bihar

2. Prem Chandra Paswan son of Chhathu Paswan

3. Hare Ram Paswan son of Chhatu Paswan

4. Binay Kumar Paswan son of Bishun Paswan

5. Sona Devi @ Soni Devi wife of Deonath Paswan All are resident of village-Naya Tola, Airport, Kartihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Prasad Singh, Advocate : Mr. Suresh Prasad Sah @ Barnwal, Advocate For the State : Mr. Jharkhandi Upadhyay, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 18-01-2018 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 'the Cr.P.C.') the petitioner seeks quashing of the order dated 29.03.2016 passed by the learned Chief Judicial Magistrate, Katihar in G.R. No.1700 of 2001 by which he has dismissed the petition filed under Section 294 of the Cr.P.C. on behalf of the petitioner dated 28.04.2015 for proving photo copy of the voter list and voter printed cards and marking them as exhibits.

Patna High Court Cr.Misc. No.38060 of 2016 dt.18-01-2018 2/2

3. From perusal of the order-sheet dated 29.03.2016 it would be manifest that earlier also the petitioner had filed a similar petition on 16.12.2014 which was rejected by the Court of Magistrate vide order dated 10.03.2015.

4. In the opinion of this Court, as a criminal court has got no jurisdiction to alter the earlier judgment in view of the provisions prescribed under Section 362 of the Cr.P.C., no error can be found with the order impugned.

5. The application, being devoid of any merit, is dismissed. (Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 21.01.2018 Transmission Date 21.01.2018