Dina Nath Rai And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46376 of 2012 ======================================================

1. Dina Nath Rai, son of Late Bhuteli Rai

2. Dinesh Rai, son of Late Bhuteli Rai

3. Krishna Rai @ Krishna Kumar Rai, son of Bijali Rai

4. Sheo Pradhan Rai, son of Mahabir Rai

5. Jitendra Rai, son of Bijali Rai All are residents of Village - Khori Pakar, P.S. Amnour, District - Saran .... .... Petitioners

Versus

1. The State of Bihar

2. Shail Devi, wife of Upendra Singh, resident of Village - Khori Pakar, P.S. Amnour, District - Saran .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Madhaw Prasad Yadaw, Advocate For the Opposite Party : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-04-2015 Heard learned counsel for the petitioners as well as learned APP for the State.

2. The present application has been filed for quashing the order dated 18.07.2012 passed in Criminal Revision No.07 of 2012 by the court of Ist Additional District & Sessions Judge, Saran at Chapra confirming the order dated 19.08.2011 passed by Sri S.C. Shrivastava, Judicial Magistrate, Saran at Chapra in Complaint Case No. 4034 of 2007, Tr. No. 713 of 2012 by which petition for discharge filed by the petitioners has been rejected.

3. This Court is of the view that the present application is, in substance, a revision petition and in view of the provisions of Section 397 (3) of the Code of Criminal Procedure,

Patna High Court Cr.Misc. No.46376 of 2012 (2) dt.16-04-2015 2/2 the same is not maintainable being the nature of second revision. The petition, accordingly, stands dismissed.

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