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Patna High CourtCR. MISC./46761/2012dismissed

Merajul Islam v. The State Of Bihar And ORS

2015-04-16Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46761 of 2012 Arising Out of PS.Case No. -0 Year- null Thana -null District- BEGUSARAI =========================================================== Merajul Islam .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pramod Manbansh, Advocate For the Opposite Party/s : APP =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 16-04-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed for quashing the order dated 21.06.2012 passed by the learned Additional District & Sessions Judge-III, Begusarai in Cr. Rev. No. 428 of 2011 arising out of order dated 14.11.201 passed by the Subdivisional Magistrate, Begusarai in Case No. 796 of 2011.

3. At the very outset it is not disputed by learned counsel for the petitioner that the impugned order dated 21.06.2012 passed in Cr. Rev. No. 428 of 2011 is amenable to revisional jurisdiction of this Court.

4. It is well settled that powers of quashing under Section 482 Cr.P.C., are not normally to be exercised in the face of availability of alterative statutory remedy to the petitioner.

Patna High Court Cr.Misc. No.46761 of 2012 dt.16-04-2015

5. In the above circumstances, the present petition is dismissed with liberty to the petitioner to take recourse to such statutory remedy as may be available to him in accordance with law.

(Vikash Jain, J) Chandran U T