The Patna High Court dismissed a criminal miscellaneous application filed under Section 482 CrPC seeking quashing of an order. The court held the petition was barred as a second revision under Section 397(3) CrPC and found no merit on merits.
The present application under Section 482 CrPC is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19086 of 2013
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All above residents of village-Hariyama, P.O.-Bagahi, P.S.-Basantpur, District-Siwan.
... .... Petitioners
Versus
.... .... Opposite Parties
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 08-05-2014 Heard learned counsel for the petitioners and learned
counsel for the State.
The present application under Section 482 of the Code of Criminal Procedure has been filed for quashing of the order dated 18th April, 2012 passed by the learned 1st Additional Sessions Judge, Siwan in Criminal Revision No. 4 of 2011 by which he has upheld the order dated 10th November, 2010 passed by the learned Executive Magistrate, Maharajganj in Tr. No. 76 of 2010.
Apparently, the present application under Section
Patna High Court Cr.Misc. No.19086 of 2013 (2) dt.08-05-2014
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482 of the Code of Criminal Procedure is in the form of a second revision which is barred by law. Section 397(3) of the Code of Criminal Procedure which bars a second revision reads as under:
“397 (3). If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.”
Apart from being barred by law even on merits, I find no apparent illegality or irregularity in the order passed by the revisional court.
In that view of the matter, I find no merit in the present application. Accordingly, the application is dismissed.
(Ashwani Kumar Singh, J)
Sanjeet/-
2 issues framed by the court
Whether a second revision under Section 482 CrPC following Section 397 CrPC is barred as a second revision under Section 397(3) CrPC.
Whether there is any apparent illegality or irregularity in the impugned order passed by the revisional court.
2 provisions across 1 enactments
Madan Singh
Gajadhar Singh
Jitendra Singh
The State of Bihar
Umrawati Devi
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
