Jay Prakash Sah And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50383 of 2018 Arising Out of PS. Case No.-201 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.

Jay Prakash Sah, son of Late Dhanush Dhari Sah 2.

Lalan Kumar son of Jay Prakash Sah Both residents of village - Gopalpur, Police Station - Rajoun, District - Banka.

3.

Manohar Sah son of Arjun Sah 4.

Prakash Sah son of Arjun Sah Both residents of Mohalla - Warsaliganj, Police Station - Mojahidpur Babarganj, District - Bhagalpur. 5.

Bishwanath Sah @ Bishu Sah son of Damodar Sah @ Damoli Sah Resident of village - Satjouri, Police Station - Goradih, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Neha Kumari, D/o Kisun Sah, Resident of Village - Maheslitty, Police Station - Sajour, District - Bhagalpur.

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Sri Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 01-05-2024 No one appears on behalf of the petitioners.

2. No accommodation is sought for.

3. The instant miscellaneous case under Section 482 of the CrPC, is pending since 2018, therefore, this Court proceeds to dispose of the application, on the basis of the averments in the application under Section 482 of the CrPC, on merit. An order of taking cognizance of offence under Sections 323/498A IPC passed in Complaint Case No. 201 of 2016 by the learned S.D.J.M., Bhagalpur on 15th July 2017, was assailed

Patna High Court CR. MISC. No.50383 of 2018(2) dt.01-05-2024 2/2 in revision bearing Criminal Revision No. 179 of 2017. The order dated 15th July 2017 passed by the learned Magistrate, Bhagalpur was affirmed in revision. The said revisional order is challenged by filing the instant miscellaneous case under Section 482 of the CrPC.

4. I have perused the impugned order passed by the learned additional Sessions Judge, Bhagalpur and I do not find any ground to hold that the said impugned order dated 20th June 2018, passed in Criminal Revision No. 179 of 2017, suffers from abuse of the process of Court.

5. Thus, I do not find any ground to invoke the inherent power of this Court under Section 482 of the CrPC to quash the impugned order dated 20th June 2018, passed in Criminal Revision No 179 of 2017 and accordingly, the instant miscellaneous case is dismissed on merit.

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