Smt. Savitri Devi And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.419 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- BEGUSARAI ===========================================================
1. Smt. Savitri Devi, Wife of Late Rajaram Poddar
2. Vishambhar Poddar, Son of Late Rajaram Poddar Both are resident of-Ghee Gali, Marwari Mohalla, P.S-Town, District-Begusarai .... .... Petitioners
Versus
1. The State of Bihar
2. Ramesh Kumar Kotriwal, son of Shyam Sunder Kotriwal, residents of-Ghee Gali, Marwari Mohallah, P.S-Town, District-Begusarai .... .... Opposite Parties =========================================================== Appearance :
For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 20-08-2015 Heard learned counsel for the petitioners and learned counsel for the State.
By way of filing this application under Section 482 of the Code of Criminal Procedure, the petitioners have challenged the order dated 08.07.2014 passed by the learned Additional Sessions Judge-1st, Begusarai in Cr. Rev. No. 501 of 2012 whereby he has rejected the revision application against the order dated 12.07.2012 passed by the learned Sub-Divisional Magistrate, Begusarai in Case
Patna High Court Cr.Misc. No.419 of 2015 dt.20-08-2015 2 / 2 No. 371 of 2012.
In the aforesaid Case No. 371 of 2012 the learned SubDivisional Magistrate has passed a conditional order in exercise of power under Section 133 of the Code of Criminal Procedure. Though the present application is filed under Section 482 of the Code of Criminal Procedure, the same is in the nature of second revision which is barred under Section 397(3) of the Code of Criminal Procedure.
In that view of the matter, in my opinion, the application is not maintainable. Even otherwise, I find no merit in this application. Accordingly, the application is dismissed as not maintainable.
(Ashwani Kumar Singh, J.) Sanjeet/- U T