Patna High CourtCR. MISC./54634/2018withdrawn

Hira Lal Sah @ Hiralal Sah Gond v. The State Of Bihar

2024-07-24Mr. Justice Bibek Chaudhuri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54634 of 2018 Arising Out of PS. Case No.-195 Year-2016 Thana- MANJHAGARH District- Gopalganj ====================================================== HIRA LAL SAH @ HIRALAL SAH GOND S/o of Japas Sah, R/o Vill.- Karnpura, P.S.- Manjhagarh, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhramveer, Advocate For the Opposite Party/s :

Mr. Sri Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 24-07-2024 The petitioner has assailed the order dated 28th March 2018 passed by the learned Additional Sessions JudgeVIII, Gopalganj in Cr. Revision No. 921 of 2021 whereby and whereunder the learned Revisional Court dismissed the application for revision, challenged against an order dated 19th July 2017, passed by the learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No. 195 of 2016.

2. Subsequently, the learned Chief Judicial Magistrate, Gopalganj by passing the impugned order, rejected the prayer of the petitioner for releasing of a seized vehicle. The learned additional Sessions Judge in revision maintained the said order and dismissed the revisional application against the said order. Thereafter, the petitioner moved the instant

Patna High Court CR. MISC. No.54634 of 2018(2) dt.24-07-2024 2/2 application under Section 482 of the CrPC.

Section 482 of the CrPC is not maintainable under the facts and circumstances of this Court because the petitioner can challenge the order passed by the revisional court before this Court under Section 397 read with Article 227 of the Constitution.

At this stage, the petitioner submits that he may be permitted to withdraw the instant criminal miscellaneous case. Accordingly, the instant case is dismissed as withdrawn. However, the petitioner is at liberty to file application for redressal of his relief.

(Bibek Chaudhuri, J) Suraj Dubey/- U T