Md. Jabbar Sah And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22290 of 2015 Arising Out of PS.Case No. -83 Year- 2013 Thana -PURAINI District- MADHEPURA ===========================================================

1. Md. Jabbar Sah Son of Late Salamat Sah

2. Salim Sah, Son of Late Rajo Sah, Both Resident of village- and P.S.- Puraini, District- Madhepura .... .... Petitioners

Versus

1. The State of Bihar

2. Md. Habib Sah, Son of Late Gohal Sah, Resident of village- Puraini, P.S.- Puraini, District- Madhepura .... .... Opposite Parties.

=========================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Singh, Advocate For the Opposite Party/s : Mr. Indu Bala Pandey, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 24-06-2016 The instant application under Section 482 of the Code of Criminal Procedure, 1973 (for short "CrPC") has been filed by the petitioners seeking quashing of the revisional order dated 19.03.2015 passed by the learned Sessions Judge, Madhepura in Cr. Revision No. 34 of 2014 whereby he has rejected the revision application preferred against the order taking cognizance dated 02.04.2014 passed by the learned Judicial Magistrate, 1st Class, Madhepura in connection with Puraini P. S. Case No. 83 of 2013 registered under Sections 323, 325, 341, 448 and 504/34 of the

Patna High Court Cr.Misc. No.22290 of 2015 dt.24-06-2016 2/2 Indian Penal Code.

2.

Though the present application has been preferred under Section 482 of the CrPC, the same is in the nature of second revision which is barred under Section 397(3) of the CrPC. Even otherwise, I find no error either in the order passed by the revisional court or in the order passed by the jurisdictional Magistrate.

3.

Accordingly, the application, being devoid of any merit, is hereby dismissed.

(Ashwani Kumar Singh, J.) Kanchan/- U T