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Patna High CourtCR. WJC/847/2021dismissed

Santosh Kumar v. The State Of Bihar Through Chief Secretary Bihar, Patna

2025-09-09Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.847 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Rohtas ====================================================== Santosh Kumar Son Of Shiv Shankar Prasad, Resident Of Village - Adampur, P.S.- Shivsagar, District - Rohtas.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through Chief Secretary Bihar, Patna 2.

Suresh Sharma Son of Samundra Sharma Resident of Village - Adampur, P.O. - Torahi, P.S. Shivsagar, District - Rohtas. 3.

Krishna Sharma Son of Suresh Sharma Resident of Village - Adampur, P.O. - Torahi, P.S. Shivsagar, District - Rohtas.

4.

Dhanjit Sharma Son of Suresh Sharma Resident of Village - Adampur, P.O. - Torahi, P.S. Shivsagar, District - Rohtas.

5.

Surendra Sharma Son of Late Samundra Sharma Resident of Village - Adampur, P.O. - Torahi, P.S. Shivsagar, District - Rohtas. 6.

Dhananjay Sharma Son of Suresh Sharma Resident of Village - Adampur, P.O. - Torahi, P.S. Shivsagar, District - Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nirmal Kumar Shrivastava, Advocate For the State :

Mr. Dhurjati Kumar Prasad, GP-14 Mrs. Jahan Ara, AC to GP-14 For the Resp. Nos.2 to 4 :

Mr. Naresh Kumar Mehta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 09-09-2025 Present writ petition has been preferred by the petitioner against the impugned order dated 21.01.2021 passed by learned Additional District and Sessions Judge-XII, Sasaram, Rohtas in Criminal Revision No. 176 of 2017, whereby learned Additional Sessions Judge has set aside the order dated 03.12.2016 passed by learned S.D.M., Sasaram, Rohtas in Case No. 396 of 2016 under Section 147 Cr.PC without hearing the revisionist, who is respondent No.2 herein, finding that the

Patna High Court CR. WJC No.847 of 2021(5) dt.09-09-2025 2/3 impugned order dated 03.12.2016 was passed against the revisionist without service of notice of the proceeding.

2. Heard learned counsel for the petitioner, learned GP-14 for the State and learned counsel for the respondent Nos. 2 to 4.

3. This is not disputed that order dated 03.12.2016 was passed by learned S.D.M., Sasaram, Rohtas in Case No. 396 of 2016 under Section 147 Cr.PC without service of notice upon the revisionist before the Court below and the respondent No.2 herein/Suresh Sharma. Hence, the order dated 03.12.2016 passed by learned S.D.M., Sasaram, Rohtas in Case No. 396 of 2016 was in violation of the principle of natural justice, and hence, there is no illegality in the impugned order dated 21.01.2021 passed by learned revisional court.

4. Hence, the present petition is dismissed upholding the impugned order dated 21.01.2021 passed by learned Additional District and Sessions Judge-XII, Sasaram, Rohtas, in Criminal Revision No. 176 of 2017.

5. Both the parties are directed to appear before the Court of S.D.M. on 15.09.2025 in Case No. 396 of 2016 and learned S.D.M., Sasaram, Rohtas will pass fresh order after hearing both the parties.

Patna High Court CR. WJC No.847 of 2021(5) dt.09-09-2025 3/3

6. Accordingly, the present petition is dismissed with direction as made above.

(Jitendra Kumar, J.) ravishankar/- U T