Patna High CourtCR. REV./999/2014allowed

Lalanjee Pandey v. The State Of Bihar And ORS

2017-02-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.999 of 2014 ===========================================================

1. LALAN JEE PANDEY SON OF LATE GANGA DEYAL PANDEY RESIDENT OF VILLAGE - GOPALPUR, P.S. SHAHPUR, DISTRICT - BHOJPUR AT ARA ( BIHAR ) .... .... Petitioner/s

Versus

1. THE STATE OF BIHAR

2. VIJAYA NAND PANDEY @ VIDYA NAND PANDEY SON OF LATE SHYAMA CHARAN PANDEY

3. ANIL KUMAR PANDEY @ BARAK @ VIDYA NAND PANDEY

4. SHARDA NAND PANDEY SON OF LATE SHYAMA CHARAN PANDEY

5. MRITUNJAY PANDEY @ MANOJ PANDEY SON OF SHARDA NAND PANDEY

6. SUNIL KUMAR PANDEY @ CHHOTAK SON OF SHARDA NAND PANDEY

7. BIMLESH KUMAR PANDEY @ PAPPU SON OF SHARDA NAND PANDEY SL. NO. 2 & 3 ARE RESIDENT OF VILLAGE - GOPALPUR, P.S. SHAHPUR, DISTRICT - BHOJPUR AT ARA ( BIHAR ) .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bindhya Keshari Kumar, Sr. Adv & Mr. Abhay Kumar Pandey, Adv For the Respondent/s : Mr. Chandrasen Prasad Singh, Adv For the Opposite Party : Mr. Mritunjay Kumar, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 20-02-2017 The short point which has been taken on behalf of the petitioner to assail the impugned order dated 18.10.2014 passed by the learned 1st Additional Sessions Judge, Bhojpur at Arrah in Criminal Revision No. 144 of 2012 is that the court below has entertained the revision application against an interim order passed by the Sub Divisional Magistrate, Jagdishpur on 03.12.2010 in a proceeding under Section 147 of the Code of Criminal Procedure, 1973. The

Patna High Court CR. REV. No.999 of 2014 dt.20-02-2017 2/2 learned senior counsel appears to be right in his submission. Section 397(2) of the Cr.P.C puts a clear bar on maintaining revision petition in relation to any interlocutory order passed in appeal, inquiry, trial or other proceeding. There is no gainsay that the order which was under challenge before the revisional court below dated 03.12.2010 was an interlocutory order.

The impugned order dated 18.10.2014 is, accordingly, set aside.

As consequence of setting aside of the order dated 18.10.2014, the learned Sub Divisional Magistrate, Jagdishpur is directed to conclude the proceeding under Section 147 of the Cr.P.C., if apprehension of breach of peace subsists, in accordance with law after giving due opportunity of hearing to the parties to lead evidence and make submissions, preferably within a period of six months from the date of presentation of this order.

(Chakradhari Sharan Singh, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 23.02.2017 Transmission Date N.A.