In a second revision under Section 482 Cr.P.C. regarding refusal to summon private parties in a P.S. case, the Single Judge found no patent illegality and dismissed the application.
The application for quashing the orders refusing to summon private opposite parties is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.4027 of 2014 (5) dt.08-08-2014
| IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4027 of 2014 Arising Out of PS.Case No. -48 Year- 2006 Thana -PARSA District- SARAN ====================================================== |
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| 1. Rajmati Devi, W/O Rameshwar Sah, resident of village- Sobheypur, P.S.- Bheldi, Distt.- Saran at Chapra .... .... Petitioner/s Versus 1. The State of Bihar 2. Ranjay Kumar Srivastava, S/O Lalit Mohan Srivastava, 3. Ram Nath Mahto, S/O Raju Mahto, both resident of village- Sobheypur, P.S.- Bheldi, Distt.- Saran at Chapra .... .... Opposite Party/s ====================================================== |
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Appearance : For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. C. Jawahar, APP ====================================================== |
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORALORDER |
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| 5/ | 08-08-2014 The Petitioner seeks quashing of the order dated |
| 30.08.2012 passed by the Sessions Judge, Saran at Chapra, in Cr. | |
| Revision No.228 of 2012, by which he has affirmed the order | |
| dated 06.09.2011 passed by the Judicial Magistrate, 1st class, | |
| Saran at Chapra, in G.R.No.2045 of 2006/ Tr. No.2408 of 2011 | |
| arising out of Parsa(Bheldi) P.S. Case No.48 of 2006, by which he has refused to summon private opposite parties. |
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| Since this is second revision in the garb of an application under Section(s) 482 Cr. P.C. and no patent illegality could be pointed out, I am not inclined to interfere in the matter. The application is dismissed. |
(Anjana Prakash, J) JA/U T
2 issues framed by the court
Whether the Sessions Judge erred in refusing to summon private opposite parties in the underlying P.S. Case.
Whether there is any patent illegality in the impugned orders warranting interference under Section 482 Cr.P.C.
1 provisions across 1 enactments
Rajmati Devi
The State of Bihar
Ranjay Kumar Srivastava
Ram Nath Mahto
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
