Petition challenged quashing of property attachment order under Section 83 Cr.P.C. Court held application was barred as a second revision under Section 397(3) Cr.P.C. and devoid of merit, dismissing it.
Application under Section 482 Cr.P.C. dismissed as barred by Section 397(3) Cr.P.C..
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46456 of 2016
Arising Out of PS.Case No. -213 Year- 2005 Thana -BARAUNI District- BEGUSARAI
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Sanjay Kumar Singh, Son of Ram Bilas Singh, resident of Village-Rajwara, P.S.Barauni, District- Begusarai.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party
=========================================================== Appearance : For the Petitioner/s : Mr. Surya Kant Mishra, Advocate Mr. Ram Bahadur Jha, Advocate For the State : Mr. Jharkhandi Upadhyay, APP
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 01-08-2017
Heard learned counsel for the petitioner and learned
counsel for the State.
Patna High Court Cr.Misc. No.46456 of 2016 dt.01-08-2017
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Patna High Court Cr.Misc. No.46456 of 2016 dt.01-08-2017
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Section 397(3) of the Cr. P.C.
devoid of any merit, is dismissed.
(Ashwani Kumar Singh, J.)
Sanjeet/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 03.08.2017 |
| Transmission Date |
03.08.2017 |
2 issues framed by the court
Whether an application under Section 482 Cr.P.C. seeking quashing of an order under Section 83 Cr.P.C. for non-appearance amounts to a second revision barred by Section 397(3) Cr.P.C.
Whether the order of attachment of property under Section 83 Cr.P.C. on failure to appear after proclamation is legally sustainable.
4 provisions across 1 enactments
Sanjay Kumar Singh
The State of Bihar
ASHWANI KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
