In Cr. Misc. No. 54352 of 2013, the Patna High Court heard an application under Section 482 Cr.P.C. against an order dismissing a criminal revision. The court found no illegality warranting interference and dismissed the petition.
Petition dismissed; liberty given to raise defence/points in trial court at appropriate stage.
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.54352 of 2013 dt.07-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54352 of 2013
Arising Out of PS.Case No. -null Year- null Thana -null District- SAHARSA
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Rajeshwar Prasad Yadav, S/O Sri Adhik Yadav, Resident of Village Mali, P.S. Beldaur, District Khagaria, At Present Residing At Gangajal, Ward No. 6/20, Under Nagar Parishad, Saharsa, P.S. And District Saharsa.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 07-07-2017
Heard learned counsel for the petitioner and the learned counsel for the State.
2. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 06.04.2013 passed in Criminal Revision No. 204 of 2012, whereby the learned Sessions Judge, Saharsa, dismissed the aforesaid criminal revision of the petitioner affirming the order dated 30.10.2012 passed in Miscellaneous Case No. 538 of 2012 by the Sub-Divisional Magistrate, Saharsa, converting the proceeding under Section 144
Patna High Court Cr.Misc. No.54352 of 2013 dt.07-07-2017
Cr.P.C. into under Section 145 Cr.P.C., in which, the petitioner was
opposite party.
3. On going through the impugned order, I find no illegality in the impugned order amounting to abuse of the process of the court for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure.
4. Accordingly, this application is dismissed However, the petitioner would be at liberty to raise his defence/points in trial court at the appropriate stage.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
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| Uploading Date |
10.07.2017 |
| Transmission Date |
10.07.2017 |
1 issue framed by the court
Whether this court should interfere in the dismissal of the criminal revision by the Sessions Judge under Section 482 Cr.P.C.
1 provisions across 1 enactments
Rajeshwar Prasad Yadav
The State of Bihar
Sriniwas Verma
Neeva Devi
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
