Indradeo Kumar Mehta And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27482 of 2015 Arising Out of PS.Case No. -625 Year- 2011 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Indradeo Kumar Mehta S/o Late Biswnath Mehta
2. Sanni Kumar @ Sanny Kumar Mehta S/o Indradeo Kumar mehta
3. Keshav Mehta S/o Late Ram Lakhan Mehta
4. Chandan Kumar Mehta @ Chandan Kumar S/o Baijnath Mehta All Resident of Mohalla Rampur Lane, Musallahpur, P.S. Sultanganj, District Patna.
.... .... Petitioners
Versus
1. The State of Bihar.
2. Rajendra Prasad S/o Late Nathun Prasad, Resident of Mohalla Gurh Ki Mandi, P.S. Alamganj, District Patna.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. Akbar Ali, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek quashing of the order dated 4.5.2015 passed in Cr. Revision No. 4403 of 2014 by the learned Additional Sessions Judge- III, Patna City, whereby the revision preferred against the order dated 17.6.2014 passed by the Judicial Magistrate 1st Class, Patna City, in Complaint Case No. 625 of 2011 dismissing the application for discharge filed under Section 245 of the Code of Criminal Procedure has been
Patna High Court Cr.Misc. No.27482 of 2015 (2) dt.04-09-2015 2/2 rejected. Though the present application has been filed under Section 482 Cr.P.C., the same is in the nature of second revision, which is barred under Sections 397(3) and 399(3) Cr.P.C. Even otherwise, I do not find any patent illegality in the impugned order passed by the court below.
In that view of the matter, I do not find any merit in this application. Accordingly, the application is dismissed. (Ashwani Kumar Singh, J) mrl U T