Patna High CourtCR. MISC./48563/2012dismissed

Nandji Bhagat v. The State Of Bihar And ORS

2015-04-23Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48563 of 2012 Arising Out of PS.Case No. -1871 Year- 2011 Complaint Case District- SIWAN =========================================================== Nandji Bhagat, son of Late Suryapal Bhagat, Resident of Village - Karmasi, P.S. - M.H.Nagar, District - Siwan .... .... Petitioner

Versus

1. The State Of Bihar

2. Sobha Devi, wife of Jawahar Lal Bhagat, Resident of Village - Kanhauli, P.S. - Darauli, Distt. - Siwan, At Present Resident of Village - Karmasi, P.O. - Aranda, P.S. - M.H.Nagar, District - Siwan

3. Babanji Bhagat S/O Late Surjpal Bghagat, resident of Village - Karmasi, P.O. - Aranda, P.S. - M.H.Nagar, District - Siwan

4. Pramod Kumar Pandey, S/O Late Raj Mangal Pandey, Resident of Village - Fatehpur, Karmasi, P.O. - Aranda, P.S. - M.H. Nagar, Distt. - Siwan

5. Sarwanand Pandey, son of name not known, resident of Village - Jiyain, P.O. - Jiyain, P.S. - Siwan Mufassil, District - Siwan

6. Ramji Pandit, son of Late Fagu Pandit, Resident of Village - Sahuli, P.S. - Hussainganj, District - Siwan .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner : Mr. Javed Aslam, Advocate For the Opposite Party: Mr. Jitendra Kumar Singh, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 23-04-2015 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The present application has been filed for quashing the order dated 30.08.2012 passed in Criminal Revision No.27 of 2017 by the court of learned Sessions Judge, Siwan confirming the order dated 13.01.2012 passed by Sri Abhishek Ranjan, learned Judicial Magistrate, Siwan in Complaint Case No.1871 of 2011 by which he had dismissed the complaint petition under Section 203 of

Patna High Court Cr.Misc. No.48563 of 2012 dt.23-04-2015 2/2 the Code of Criminal Procedure.

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, the same is not maintainable being the nature of second revision. The petition, accordingly, stands dismissed.

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