Patna High CourtCR. REV./975/2013disposed

Bijuli Prasad v. The State Of Bihar And ORS

2015-05-08Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.975 of 2013 Arising Out of PS.Case No. -775 Year- 2012 Thana -null DistrictEASTCHAMPARAN(MOTIHARI) ===========================================================

1. Bijuli Prasad son of late Hari Prasad, resident of village- Tajpur Saraiya, P.S.- Rajepur, District East Champaran, Bihar .... .... Petitioner/s

Versus

1. State of Bihar

2. Chandan Kumar son of Sadhu Sharan Prasad

3. Sadhu Sharan Prasad son of Kisundeo Bhagat

4. Manju Devi wife of Sadhu Sharan Prasad

5. Ananda Bhagat son of Kishundeo Bhagat

6. Anandi Devi wife of Kishundeo Bhagat

7. Shail Prasad son of late Narsingh Prasad

8. Kishundeo Prasad son of late Halkhori Prasad, all resident of village- Mal Madhuahan, P.S.- Rajepur, Distt. East Champaran, Bihar

9. Subodh Kumar Singh son of not known, Officer Incharge Rajepur P.S., DistrictEast Champaran, Bihar

10. Devendra Pandey son of not known, Jamadar, P.S.- Rajepur, Distt. East Champaran, Bihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Indradeo Prasad, Advocate For the Respondent/s : Mr. Rajendra Pd. Nut, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 08-05-2015 The Petitioner, who is the Complainant, seeks revision of the order dated 8.7.2013 passed by the Judicial Magistrate, 1st class, Sikrahana, Motihari in Complaint case No.775 of 2012, by which he has dismissed the Complaint with cost of Rs.10,000/-. The Petitioner was the Complainant in two cases for kidnapping of his grand daughter. The first case was numbered as Rajepur P.S. case No.44 of 2011, which is pending trial. Subsequently

Patna High Court CR. REV. No.975 of 2013 dt.08-05-2015 2/2 he filed the present Complaint, which was dismissed under Section 203 Cr.P.C. with penalty. The submission of the Petitioner is that imposition of penalty was not justified.

Be that as it may, since the grievance of the Petitioner is being heard in Rajepur P.S. case No.44 of 2011, which is pending trial, I see no reason for interfering with the order of dismissal of Complaint dated 8.7.2013 passed by the Judicial Magistrate, 1st class, Sikrahana, Motihari in Complaint case No.775 of 2012. However, in the interest of justice the fine of Rs.10,000/- is set aside. With these observations, the application stands disposed of.

(Anjana Prakash, J) Narendra/- U T