This order dismisses an application filed under Section 482 of the Cr.P.C. by petitioners to quash a Sessions Judge's order. The court held the application was not maintainable as it was filed in the garb of a second revision, which is barred under Section 397(3) of the Cr.P.C.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 817 of 2009
CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
For the Petitioners: Mr. Kumar Vimal For the State: Mr. R. Mukhopadhyay ,APP
3/14.09.2012: This application has been filed for quashing the order dated 13.4.2009 passed by learned Sessions Judge, Dhanbad in Cr. Revision No. 278 of 2008 whereby the learned Sessions Judge upheld the order dated 5.8.2008 passed by Judicial Magistrate, 1st Class Dhanbad in C.P. Case No. 1307 of 2003.
In this case also, petitioners have challenged the order of Judicial Magistrate 1st Class, Dhanbad dated 5.8.2008. Thus, it appears that this application has been filed under section 482 of the Cr. P.C. in the garb of second revision which is not maintainable under section 397(3) of the Cr.P.C..
Accordingly, this application is dismissed.
( Prashant Kumar,J.)
Sharda/-
2 issues framed by the court
Whether an application under Section 482 of the Cr.P.C. filed to quash an order already maintainable under Section 397(3) is maintainable in the garb of second revision.
Whether the challenge to the order of Judicial Magistrate, first class, was maintainable under Section 397(3) of the Cr.P.C.
2 provisions across 1 enactments
Margaret Perry
Norman Perry
Seam Gerold Perry
The State of Jharkhand
Prashant Kumar
As recorded by the court registry
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