Patna High CourtCR. MISC./19192/2014dismissed

Kranti Ranjan Kumar And ORS v. State Of Bihar And ANR

2016-08-02Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19192 of 2014 Arising Out of PS.Case No. -865 Year- 2010 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Kranti Ranjan Kumar

2. Krishna Ranjan Kumar Both sons of Sri Vishwanath Prasad

3. Vishwanath Prasad, son of Late Ganga Ram All are residents of village- Kabirganj Sasaram, P.O. + P.S.- Sasaram, District- Rohtas .... .... Petitioners

Versus

1. The State of Bihar

2. Harsh Ranjan Kumar, son of Sri Vishwanath Prasad, resident of mohallaKhilanganj, P.O. + P.S.- Sasaram, District- Rohtas .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Uday Chandra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 02-08-2016 Three petitioners have approached this Court, invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash a Judgment and order dated 10.03.2014 passed by the learned Adhoc Additional Sessions Judge-IV, Rohtas at Sasaram. By the said order, the learned Adhoc Addl. Sessions Judge has rejected the revision preferred by the petitioners vide Cr.Revision No.178/2013, which was preferred against the order of rejection of discharge petition i.e. order dated 26.04.2013 passed by the learned Judicial Magistrate, 1st Class, Sasaram, District-Rohtas in Sasaram ( Town)

Patna High Court Cr.Misc. No.19192 of 2014 (2) dt.02-08-2016 2/2 P.S. Case no.865/2010, G.R. No.2703/2010.

I have perused the impugned orders. The Court is of the opinion that there is no apparent error in the order rejecting the discharge petition. The order rejecting the discharge petition has already been approved by the revisional court. Normally, the present petition filed in the garb of Section 482 of the Code of Criminal Procedure may be considered as second revision, which is barred under the provisions of the Code of Criminal Procedure. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U