Patna High Court dismissed a criminal revision challenging the Sessions Judge's order setting aside the CJM's take-cognizance order. The Court found no illegality in the revisional order.
The Criminal Revision stands dismissed.
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Patna High Court CR. REV. No.987 of 2010 (4) dt.29-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.987 of 2010
====================================================== Mrityunjay Kumar Tiwari, son of Basdeo Tripathi, resident of VillageOjhawalia, P.s.- Uchakagaon, Distt- Gopalganj. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Mohan Tiwari, son of Diwakar Tiwari. 3. Dablu Tiwari, son of Mohan Tiwari, Both resident of VillageOjhawalia, P.S.- chakagaon, Distt- Gopalganj. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
4 29-01-2013 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This criminal revision is directed against the order dated 12.03.2010 passed in Cr. Revision No. 10 of 2010 by the court of District and Sessions Judge, Gopalganj whereby the Sessions Judge, Gopalganj allowed the aforesaid criminal revision setting aside the order dated 29.07.2008 passed by the Chief Judicial Magistrate, Gopalganj in Uchakagaon P.S. Case No. 30 of 2005, G.R. No. 498 of 2005 taking cognizance of the offence under Sections 447, 323, 324, 307 and 379 of the Indian Penal Code with direction to pass fresh order on the materials available in the case diary.
From perusal of the impugned order, it appears that the learned Sessions Judge, Gopalganj set aside the order dated
Patna High Court CR. REV. No.987 of 2010 (4) dt.29-01-2013
29.07.2008 through the impugned order arriving at conclusion there is no material to show the case under Section 307 of the Indian Penal Code and set aside the order dated 29.07.2008 taking the cognizance of the offence with a direction to the Chief Judicial Magistrate to pass fresh order considering the materials available in the case diary.
Apparently, I find no illegality in the impugned Judgment for interference with the same in revisional jurisdiction. Accordingly, this Criminal Revision stands dismissed.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
1 provisions across 1 enactments
Mrityunjay Kumar Tiwari
The State of Bihar
Mohan Tiwari
Dablu Tiwari
Rajendra Kumar Mishra
As recorded by the court registry
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