Nathu Prasad Jaishwal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1962 of 2015 Arising Out of PS.Case No. -94 Year- 2008 Thana -BHORE District- GOPALGANJ ====================================================== Nathu Prasad Jaishwal, son of Ramji Prasad, Resident of Village - Jagtauli Police Station - Bhore, District - Gopalganj. .... .... Petitioner

Versus

1. The State of Bihar.

2. Ramshanker Yadav, son of Chitu Yadav, Resident of village - Madarwani Police Station - Mirganj, District - Gopalganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 16-09-2015 The present application under Section 482 of the Code of Criminal Procedure has been filed challenging the order dated 28.08.2014 passed by the learned Additional District & Sessions Judge-IV, Gopalganj in Criminal Revision No. 273 of 2010 / 76 of 2013 whereby the revision application against the order dated 15.04.2010 passed by the learned Chief Judicial Magistrate, Gopalganj in Bhore P.S. Case No. 94 of 2008 by which he has rejected the complaint petition has been dismissed. Though the present application has been filed under

Patna High Court Cr.Misc. No.1962 of 2015 (2) dt.16-09-2015 2 / 2 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. Even otherwise, I find no patent illegality in the revisional order passed by the learned 4th Additional Sessions Judge, Gopalganj. Accordingly, the application is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- U T