The High Court at Patna dismissed an application under Section 482 CrPC as revision lay under Section 146 CrPC. The petitioner was permitted to file a proper revision.
Application dismissed with liberty to institute a proper revision application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.58727 of 2017
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Smt. Indu Bala Pandey
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 19-02-2018 In view of the statutory remedy of revision being available to the petitioner against the order passed by the SubDivisional Magistrate, Buxar in a proceeding under Section 146(1) of the Code of Criminal Procedure, I am not inclined to entertain the present application under Section 482 of the Code of Criminal
Procedure.
The application is dismissed.
However, the petitioner would be at liberty to challenge
the impugned order in a properly instituted revision application.
(Ashwani Kumar Singh, J)
Pradeep/-
U T
1 issue framed by the court
Whether the Criminal Miscellaneous application should be entertained given the availability of statutory revision remedy.
2 provisions across 1 enactments
Sudama Prasad Gupta @ Sudama Shah
The State of Bihar
Sr. Krishna Kant Tiwary
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
