Krishnandan Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12533 of 2013 Arising Out of PS. Case No. -33 Year- 2004 Thana -SARMERA District- Nalanda =========================================================== Krishnandan Prasad son of Late Durga Mahto, Resident of Village - Chak Nawada, Police Station - Pandarak, District - Patna .... .... Petitioner

Versus

1. The State of Bihar

2. Saudagar Mahto, son of Late Etwari Mahto, Resident of Village - Tora, Police Station - Sarmera, District - Nalanda .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Singh, Advocate For the Opposite Party: Mr. Jitendra Kumar Singh, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 21-05-2015 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The present application has been filed for quashing the order dated 17.01.2013 passed in Criminal Revision No.48 of 2012/ 02 of 2012 by the Court of 3rd Adhoc Additional Sessions Judge, Nalanda at Biharsharif confirming the order dated 25.01.2012 passed by learned Sub-Divisional Judicial Magistrate, Nalanda at Biharsharif in G.R. Case No.869 of 2004 by which petition for release of the Mahua tree filed by the petitioner has been rejected.

3. Learned counsel for the petitioner has not been able to demonstrate on merits that the impugned revisional order suffers from any infirmity or is perverse in manner. This Court is, therefore,

Patna High Court Cr.Misc. No.12533 of 2013 dt.21-05-2015 2/2 of the view that in view of the provisions of Section 397 (3) of the Code of Criminal Procedure, the present application cannot be maintained being in the nature of a second revision. The petition, accordingly, stands dismissed.

(Vikash Jain, J) B.T/- U T