Saurav Singh @ Guddan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No. 902 of 2013 Arising out of P.S. Case No. -null Year- null Thana -null District- JAMUI ======================================================== Saurav Singh @ Guddan Singh, Son of Sri Suresh Singh, Resident of Village-Baliyo, P.S.-Jhajha, District-Jamui..... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rewati Asha, D/o Shyam Chandra Verma, Resident of Piradih (Jhajha), P.S.-Jhajha, District-Jamui..... .... Respondent/s ======================================================== Appearance :

For the Petitioner/s : Mr. R.K. Sinha, Adv. For the Respondent/s: Mr. Mangal Pandey, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 21-04-2015 The Petitioner seeks revision of the order dated 31.03.2011 by which the Sessions Judge, Jamui in Cr. Rev. No. 04 of 2011 has set aside the order dated 07.11.2011 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1123C of 2011 by which it has taken cognizance in the matter under all the offences but not under Section 376 IPC.

The Sessions Judge without hearing the Petitioner had observed that in the facts of the case offence under Sections 376, 406, 420 and 342 IPC are made out.

No doubt the Petitioner should have been heard before the Sessions Judge passed such order but he has not done so.

The Court below is directed to ignore the

Patna High Court CR. REV. No.902 of 2013 dt.21-04-2015 observations of the District & Sessions Judge and pass afresh order in accordance with law taking all the facts into consideration within a period of thirty working days from the date of receipt of this order.

With these observations, the application is disposed off.

Vikash/- (Anjana Prakash, J.) U T