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Patna High CourtCR. MISC./47444/2013dismissed

Md. Shamshad Alam v. State Of Bihar And ANR

2016-07-12Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47444 of 2013 ====================================================== Md. Shamshad Alam, son of Md. Zahiruddin @ Md. Zahir, Resident of Village Barhat P.S.-Palasi, District-Araria at present, the Headmaster, Nav Srijit Primary School, Tatma Toli, Jogjan Bhag ( Dehti), Block- Palasi, District- Araria .... .... Petitioner

Versus

1. The State of Bihar

2. Ahsan, Son of Sri Zainuddin Siddique, resident of Village Laxmipur, P.S.-Nartan, Dist.-West Champaran at present Zila Karyakaram Samanwayak, Bihar Shiksha Pariyojana, Araria-cum- Zila Shiksha Adhikshak, Araria .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-07-2016 In the present petition, the petitioner has approached this Court, invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 31.07.2013 passed by the learned Sessions Judge, Purnea. By the said order, the revision preferred by the petitioner vide Cr.Revision no.245/2013 against the order of rejection of discharge petition by the learned Judicial Magistrate, 1st Class, Araria in Palasi P.S. Case no.18/10, G.R. No.160/10 was rejected.

I have perused the impugned order. I do not find any ground for interference with the impugned order. Moreover,

Patna High Court Cr.Misc. No.47444 of 2013 (4) dt.12-07-2016 2/2 after rejection of revision, there is no point to entertain such petition, which was filed under Section 482 of the Code of Criminal Procedure. Normally, such petition is treated as second revision, which is barred under Section 397(3) of the Code of Criminal Procedure.

The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U