Md Subhan vs The State Of Bihar
2023 Latest Caselaw 5356 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.21192 of 2023
     Arising Out of PS. Case No.-222 Year-2019 Thana- LAHERIYASARAI District- Darbhanga
     ======================================================

Md Subhan Son Of Late Md Salim Resident Of Mohalla- Bhigo Chackrahmat, Ward No 3, PS Lahariasarai ,DISTRICT Darbhanga.

... ... Petitioner/s Versus

1. The State of Bihar

2. Guriya Khatoon Wife Of Md. Murtuza Kuraisee R/O Mohalla- Bhigo, Ps-

Lahariasarai, Distt- Darbhanga

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Baidya Nath Prasad, Adv For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 16-10-2023 Heard learned counsel for the parties.

2. The petitioner has put to challenge in the present

application filed under section 482 of the CrPC, the order dated

31.01.2022 passed in Criminal Revision No. 171 of 2021.

3. The petitioner is an accused in Laheriasarai P.S. Case

No. 222 of 2019, wherein cognizance has been taken by the

learned CJM, Darbhanga for the offences punishable under

sections 341, 323, 324, 307, 354, 504, 506/34 of the Indian

Penal Code. The petitioner put the said order taking cognizance

to challenge by filing revision petition before the court below

giving rise to Criminal Revision No. 171 of 2021. The said

criminal revision petition has been dismissed by an order dated Patna High Court CR. MISC. No.21192 of 2023 dt.16-10-2023

31.01.2022 passed by learned Additional Sessions Judge-X,

Drabhanga, which order is under challenge in the present

application filed under section 482 of the CrPC.

4. Learned counsel appearing on behalf of the petitioner

has submitted that the petitioner and other persons named in the

FIR have been falsely implicated. The occurrence is said to have

taken place as the informant had opened a shop to sell beef near

a Temple and Town Primary Health Centre, Urdu Bazar,

Darbhanga, to which members of both community opposed. He

further submits that the FIR was registered by the petitioner

giving rise to Laheriasarai P.S. Case No. 193 of 2019. Another

FIR was registered by the petitioner's wife on 08.06.2019 giving

rise to Laheriasarai P.S. Case No. 220 of 2019. Subsequently,

the informant of this case lodged the false case giving rise to

Laheriasarai P.S. Case No. 222 of 2019.

5. On perusal of the records, it transpires that the

petitioner had approached the revisional court and had invoked

the statutory remedy of revision as envisaged under section 397

of the CrPC questioning the order taking cognizance. I do not

consider it fit to interfere with the order passed by the revisional

court in the present case which is apparently in the nature of

second revision application in the garb of an application under Patna High Court CR. MISC. No.21192 of 2023 dt.16-10-2023

Section 482 of the Cr.P.C

6. This application is, accordingly, dismissed being

devoid of any merit.

7. The petitioner, however, shall be at liberty to raise

the grounds, which he has raised in the present application, at

the time of framing of charge.

(Chakradhari Sharan Singh, J) ranjan/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.10.2023
Transmission Date       19.10.2023