Patna High CourtCR. MISC./45855/2017dismissed

Kailash Kumar Singh @ Kailash Pd. Singh @ Kailash Mahto And ANR. v. State Of Bihar And ANR

2018-06-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45855 of 2017 Arising Out of PS.Case No. -967 Year- 2013 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Kailash Kumar Singh @ Kailash Pd. Singh @ Kailash Mahto, Son of Bhikhari Mahto,

2. Amarnath Prasad, Son of Kailash Kumar Singh @ Kailash Mahto, Both resident of Village & P.O.- Raitar, P.S.- Giriak, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramadhin Prasad, Son of Late Balo Mahto, Resident of Village- Navi Nagar, P.S.- Deep Nagar, District- Nalanda.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-06-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners have challenged the order dated 10.04.2017 passed by the learned Additional District & Sessions Judge-III, Nalanda at Biharsharif in Cr.Rev. No. 112 of 2016/ Tr. No.75 of 2016 by which he has dismissed the revision petition filed by the petitioners against the order dated 06.02.2016 passed by the learned Judicial Magistrate 1st Class, Nalanda at Biharsharif in Complaint Case No. 967(C) of 2013 whereby he has summoned the petitioners to face trial for the offences punishable under Sections 304-B/34 and 120-B of the Indian Penal Code.

Patna High Court Cr.Misc. No.45855 of 2017 (2) dt.19-06-2018 2/2 Though the instant application has been filed under Section 482 of the Code of Criminal Procedure, the same is in the nature of second revision which is barred under sub-section (3) of Section 397 of the Code of Criminal Procedure. Accordingly, the application is dismissed as not maintainable.

(Ashwani Kumar Singh, J) Pradeep/- U T