Patna High CourtCR. MISC./24336/2015dismissed

Shiv Narayan Sah v. The State Of Bihar

2018-01-05Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24336 of 2015 Arising Out of PS.Case No. -39 Year- 2014 Thana -BANMANKHI District- PURNIA =========================================================== Shiv Narayan Sah son of Late Anuplal Sah, resident of village- Mirjachouri, Police Station- Banmankhi, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivnandan Sah, Advocate For the State : Mr. D.P.Tiwary, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 05-01-2018 This application under Section 482 of the Code of Criminal Procedure (for short 'the Cr.P.C.') has been filed for quashing the order dated 08.08.2014 passed by the learned Judicial Magistrate, 1st Class, Purnea by which cognizance has been taken for the offences punishable under Sections 467, 468, 471 and 474 of the of the Indian Penal Code in connection with Banmankhi P.S. Case No.39 of 2014.

2. The said order dated 08.08.2014 was challenged by the petitioner by way of filing a revision petition before the learned Sessions Judge, Purnea in Cr. Revision No.352 of 2014. It would be manifest from the record that the revision application stood dismissed for want of prosecution vide order dated 07.04.2015 passed by the learned Sessions Judge, Purnea.

Patna High Court Cr.Misc. No.24336 of 2015 dt.05-01-2018 2/2

3. The petitioner neither filed any application for restoration of Cr. Revision No.352 of 2014 before the Court of Session Judge, Purnea nor he has challenged the order dated 07.04.2015 passed by the learned Sessions Judge, Purnea in Cr. Revision No.352 of 2014 before this Court. In that view of the matter, in the opinion of the Court, this application is not maintainable.

4. Accordingly, this application is dismissed as not maintainable.

(Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 08.01.2018 Transmission Date 08.01.2018