Patna High Court
Bhuneshwar Singh vs The State Of Bihar on 19 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57203 of 2023
Arising Out of PS. Case No.- Year-0 Thana- District- Bhojpur
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1. BHUNESHWAR SINGH S/O LATE NATHUNI SINGH R/O VILLAGE-
BHEL DUMRA, POST OFFICE- BARKA DUMRA, P.S- ARA
MUFFASIL, DISTT.- BHOJPUR.
2. SRI RAM KRISHNA SINGH @ RAMRISHNA SINGH S/O
BHUNESHWAR SINGH R/O VILLAGE- BHEL DUMRA, POST OFFICE-
BARKA DUMRA, P.S- ARA MUFFASIL, DISTT.- BHOJPUR.
3. TEJ NARAYAN SINGH S/O BHUNESHWAR SINGH R/O VILLAGE-
BHEL DUMRA, POST OFFICE- BARKA DUMRA, P.S- ARA
MUFFASIL, DISTT.- BHOJPUR.
4. MANOJ KUMAR SINGH S/O BHUNESHWAR SINGH R/O VILLAGE-
BHEL DUMRA, POST OFFICE- BARKA DUMRA, P.S- ARA
MUFFASIL, DISTT.- BHOJPUR.
5. SHESH NARAYAN SINGH @ SHEKH NARAYAN SINGH S/O
BHUNESHWAR SINGH R/O VILLAGE- BHEL DUMRA, POST OFFICE-
BARKA DUMRA, P.S- ARA MUFFASIL, DISTT.- BHOJPUR.
6. PRINCE SINGH @ ADITYA NARAYAN SINGH @ ADITYA S/O SHESH
NARAYAN SINGH @ SHEKH NARAYAN SINGH R/O VILLAGE-
BHEL DUMRA, POST OFFICE- BARKA DUMRA, P.S- ARA
MUFFASIL, DISTT.- BHOJPUR.
7. MANISH SINGH @ MANISH KUMAR SINGH S/O RAM KISHAN
SINGH @ RAM KRISHNA SINGH R/O VILLAGE- BHEL DUMRA,
POST OFFICE- BARKA DUMRA, P.S- ARA MUFFASIL, DISTT.-
BHOJPUR.
... ... Petitioner/s
Versus
1. The State of Bihar
2. AJAY SINGH S/O LATE TAP NARAYAN SINGH R/O VILLAGE- BHEL
DUMRA, POST OFFICE- BARKA DUMRA, P.S- ARA MUFFASIL,
DISTT.- BHOJPUR.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Arun Kumar Singh, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.-1, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL JUDGMENT
Date : 19-10-2023
Heard learned counsel for the petitioners and learned
A.P.P. for the State.
Patna High Court CR. MISC. No.57203 of 2023 dt.19-10-2023
2. The present application has been filed seeking
quashing of the order dated 20.07.2023 passed in Cr. Revision No.
27 of 2022 by the learned Additional Sessions Judge-III, Bhojpur
at Ara whereby the learned Additional Sessions Judge has set aside
the order of the Sub-Divisional Magistrate, Ara dated 15.03.2022
passed in Case No. 35 of 2021 but then at the same time has
remanded the matter back to the Sub-Divisional Magistrate, Ara
for considering the case of the petitioners afresh after taking some
more evidence if the same is required and after perusing the
documents of said Kheshra number which is in dispute and also to
peruse the receipts of the land in question and if required to get the
land in dispute measured.
3. The Court fails to appreciate as to how the petitioners
are challenging the order of the revisional court in quashing
jurisdiction for two reasons. First, the revisional power of the High
Court along with the Sessions Judge is equal in terms of Section
397 of the Cr.P.C. Since the petitioners availed the remedy of
revision before the learned Additional Sessions Judge-III, Bhojpur
at Ara as such now he cannot assail the said order by filing
application under Section 482 Cr.P.C. as the present application
though filed under Section 482 Cr.P.C. is nothing but a second
revision which is barred under Section 397(3) of the Cr.P.C.
Patna High Court CR. MISC. No.57203 of 2023 dt.19-10-2023
Secondly, the relief which the petitioners had claimed before the
learned Additional Sessions Judge-III, Bhojpur at Ara in revision
has been granted and the matter has been remanded back to the
initial authority to act in accordance with the direction of the
revisional court.
4. The petitioners in compliance of the order of the
revisional court ought to have moved before the initial authority
i.e. Sub-Divisional Magistrate, Ara instead of approaching this
Court, as such, the Court is not inclined to entertain the present
application.
5. Accordingly, this application is dismissed.
(Satyavrat Verma, J)
Kundan/-
AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 19.10.2023
Transmission Date 19.10.2023
