Dinesh Rout And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51820 of 2017 Arising Out of PS.Case No. -237 Year- 2013 Thana -RAJNAGAR District- MADHUBANI ===========================================================

1. Dinesh Rout son of Late Ramcharan Rout,

2. Balram Prasad @ Balram Rout son of Dinesh Rout,

3. Jagdish Rout @ Vilam son of Late Bahru Rout,

4. Santosh Prasad son of Jagdish Rout, All are resident of village- Ranti (Barai Tola), P.S.- Rajnagar, DistrictMadhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chandrakant Prasad son of Late Rrameshwar Prasad, resident of village- Ranti (Barai Tola), P.S.- Rajnagar, District- Madhubani. .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the State : Mr. Akshay Lal Pandit, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 27-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

2. This application under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') has been filed by the petitioners challenging the order dated 29.06.2016 passed by the learned Sessions Judge, Madhubani, in Cr. Revision No.470 of 2017 affirming the order dated 29.03.2016 passed by the learned Judicial Magistrate, 1st Class, Madhubani.

3. In the opinion of this Court, though this application has been filed under Section 482 of the Cr.P.C., the same is in the nature

Patna High Court Cr.Misc. No.51820 of 2017 dt.27-07-2018 2/2 of second revision, which is barred under Section 397(3) of the Cr.P.C.

4. In that view of the matter, I see no merit in this application. It is dismissed, accordingly.

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

Uploading Date 02.08.2018 Transmission Date 02.08.2018