Md. Sonu And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48287 of 2015 Arising out of Complaint Case No.-262 Year-2015 Thana- COMPLAINT CASE DistrictJamui ======================================================
1. Md. Sonu
2. Md. Wasim @ Rinku
3. Md. Saddam @ Saddu all sons of Md. Nasim @ Md. Nasimuddin
4. Md. Faiyaz son of late Md. Iliyas
5. Md. Shahid @ Jumman s/o late Yaqub all residents of village Kaitha, P.S. Chandradeep, Dist. Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Md. Kutubuddin son of late Md. Mobbinuddin resident of village Kaitha, P.S. Chandradeep, Dist. Jamui.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 02-05-2018 Having heard learned counsel for the parties, it is seen that an order passed on 23rd of April, 2015 under Section 203 of the Cr.P.C. by Sri Sanjay Kumar, learned Judicial Magistrate, 2nd Class, Jamui in Compliant Case No. 262C/2015 has been interfered with in a criminal revision by the learned Sessions Judge, Jamui by the impugned order dated 15.06.2015 in Cr. Revision No. 34/15 and while doing so, the petitioners herein who were necessary parties and whose rights were adversely affected by exercise of jurisdiction by the Revisional Court were neither noticed nor impleaded as party in the
Patna High Court Cr.Misc. No.48287 of 2015 dt.02-05-2018 2/2 proceedings.
That being the admitted position, this application has to be allowed, the order dated 15.06.2015 passed by the Sessions Judge, Jamui in Cr. Revision No. 34 of 2015 is quashed. The same set aside, Cr. Revision restored to its original file and remanded to the Sessions Judge, Jamui for proceeding in accordance with law.
The application stands allowed and disposed of with the aforesaid.
(Rajendra Menon, CJ) P.K.P./- AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 17.05.2018 Transmission Date 17.05.2018