Dismissed

Om Prakash Singh v. the State of Bihar

Patna HC27 Apr 2022CR. MISC./10902/2021

Case brief

AI extract

What is this about?

Hon'ble Justice Madhuresh Prasad dismissed the Criminal Misc. application seeking quashing of a revision order dated 25.10.2019. The Court held that the non-availability of Local Court Record was not a ground for quashing, noting the petitioner's absence and long-standing non-attendance in court. Jurisdiction under Section 482 Cr.P.C. was not exercisable.

What did the court decide?

Application for quashing the order dated 25.10.2019 in Cr.Rev. No.232 of 1980 was dismissed.

Om Prakash Singh Vs the State of Bihar — Criminal Trial and Appeal | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10902 of 2021

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Arising Out of PS. Case No.- Year-0 Thana- District-

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======================================================

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Om Prakash Singh, S/o Late Laxmi Singh, Resident of Village- Sukhlahia, P.S.- Darpa, P.S.- Darpa, Distt- East Champaran, Bihar 845302.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Prabhawati Devi, W/o Lalchand Das, D/o Suraj Das, Resident of MohallaBachhiar, P.O. Jamui, Distt- Jamui.

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Raj Kumari Devi, W/o Harivans Prasad, D/o Mukhilal Das, Resident of Village and P.O. Chhauradano, Distt- East Champaran

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Champa Devi, W/o Gular Das, D/o Mukhilal Das, Resident of VillageRaghopur, P.S.- Neura, Distt- Muzaffarpur at present resident of village and P.O. and P.S.- Chhauradano, Distt- East Champaran.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Kunal Tiwary, Advocate For the Opposite Party/s : Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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3 27-04-2022 The petitioner in this application has prayed for quashing of the order dated 15.10.2019 passed by learned 5^th Additional District & Sessions Judge, East Champaran, Motihari in Cr.Rev. No.232 of 1980, whereby and whereunder he has dismissed the revision application by upholding the order of the Executive Magistrate, Sikarahna, in connection with Case No.586M/78, Trial No.240/79 dated 30.07.1980.

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Learned counsel for the petitioner submits that the order dated 25.10.2019 passed in Cr.Revision No.232 of 1980 is bad in law, inasmuch as without L.C.R. being available, the

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Patna High Court CR. MISC. No.10902 of 2021(3) dt.27-04-2022 2/2

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order has been passed.

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The order is very clear. The petitioner is absent on the day the order has been passed. The order prior to 25.10.2019, i.e., order dated 21.09.2019 reveals that the case record has been received from the court of learned F.T.C.-II, Motihari without L.C.R. The fact that the L.C.R. was not available cannot be a ground for quashing of the order dated 25.10.2019, whereby the criminal revision application was dismissed, because the petitioner or his counsel has not appeared on the fateful day and also because both the parties have not been attending the court since long.

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No case is made out for exercise of the jurisdiction under Section 482 Cr.P.C. for quashing the said order. The application is dismissed.

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(Madhuresh Prasad, J)

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PNM

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U T

Om Prakash Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Om Prakash Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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