Nandji Pal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1194 of 2013 Arising Out of PS.Case No. -1 Year- 1996 Thana -null District- BHOJPUR ===========================================================

1. Nandji Pal S/O Late Kripa Bhagat, Resident Of Village- Lalganj, P.S.- Ayar, District- Bhojpur, Ara .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Mahendra Pal S/O Late Sheo Nandan Bhagat, Resident Of Village- Mahathin Tola, P.S.- Ayar, District- Bhojpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajiva Ranjan, Advocate For the State : Mr. Parmeshwar Mehta, APP For Opposite Party No.2 : Mr. Bhanu Pratap Singh, Advocate =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 22-06-2015 The Petitioner seeks revision of the order dated 11.9.2013 passed by Adhoc Additional Sessions Judge VI, Ara, Bhojpur in Criminal Revision No.65 of 2013, by which he has set aside the order dated 2.4.2013 passed by the Judicial Magistrate, 1st class, Ara, Bhojpur, by which he had discharged the Petitioner in Complaint case No.1(c) of 1996 (Trial No.79 of 2013) under the provisions of Section 245(i) Cr.P.C.

Having gone through the facts of the case as well as the impugned orders, I find that the Additional Sessions Judge committed an error in allowing the prayer after 17 years of the alleged occurrence of a petty nature.

Patna High Court CR. REV. No.1194 of 2013 dt.22-06-2015 Hence, the application is allowed and the order dated 11.9.2013 passed by Adhoc Additional Sessions Judge VI, Ara, Bhojpur in Criminal Revision No.65 of 2013 is hereby set aside. (Anjana Prakash, J) Narendra/- U T