Patna High Court
Shree Ranjan vs The State Of Bihar on 2 August, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No 44 of 2023
Arising Out of PS. Case No.-7 Year-2007 Thana- MOTIPUR District- Muzaffarpur
======================================================
Shree Ranjan Son Of Late Sukhdeo Thakur R/O Mohalla- Adarsh Colony,
Damuchak, P.S.- Kazi Mohammadpur, District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ram Deo Singh Son Of Late Brijlal Singh R/O Village- Samir Nagar, P.S.
And District- Khagaria
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr Sanjay Parasmani, Advocate
For the Respondent/s : Mr Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL
ORAL JUDGMENT
Date : 02-08-2024
Heard both the learned counsel appearing for the parties.
2 This revision petition has been preferred by the
petitioner (informant) of the case being aggrieved with the order
dated 15.11.2022 passed by the learned Judicial Magistrate, 01 st
Class, Muzaffarpur (West) in GR No 47 of 2007 arising out of
Motipur PS Case No 7 of 2007 whereby the learned Judicial
Magistrate rejected the application filed by the petitioner under
Section 216 of the Cr P C for making the additional charge under
Sections 420 and 409 of IPC against the accused.
3 Perusal of the impugned order shows that initially FIR
has been lodged by the concerned Police Station for the offence
Patna High Court CR. REV. No.44 of 2023 dt.02-08-2024
punishable under Sections 409, 420 of IPC. However, after
completion of investigation, charge sheet has been filed under
Section 504 of the IPC and also the learned Judicial Magistrate
took cognizance of the same offence and framed the charges under
Section 504 of the IPC.
4 During the course of trial, the petitioner made an
application for adding Sections 420 and 409 of the IPC which has
been rejected by the Court vide its order dated 20.04.2009 which
has been assailed before this Court in Criminal Revision No 851 of
2009 which has also been rejected. Subsequently, the petitioner
again preferred an application before the learned Judicial
Magistrate for the same relief. That application has also been
rejected by the Judicial Magistrate, 01st Class on 21.04.2016
which has again been challenged before this Court being Criminal
Revision No 505 of 2016 and the same has again been dismissed
vide order dated 12.07.2019 giving liberty to the petitioner to
make a fresh petition after recording of the statement of some
other witnesses. Thereafter, two witnesses were examined. Then
again, the petitioner made his application under Section 216 of the
Cr P C which has been rejected by the learned Court below vide
the impugned order.
Patna High Court CR. REV. No.44 of 2023 dt.02-08-2024
5 Learned counsel for the petitioner submits that though
PW 4 has not supported the case of the petitioner herein, however,
the petitioner, who obtained certain documents through RTI and
were also exhibited before the Court below, the Court below has
not considered the above documents.
6 Perusal of the impugned order clearly shows that while
deciding the application submitted by the petitioner, the learned
Court below examined the statements of PWs 4 and 5 minutely
and also examined the documents submitted by the petitioner
which he obtained through RTI. The impugned order is a well
reasoned order. I do not find any infirmity or illegality in the
same.
7 Accordingly, this revision petition is liable to be and is
hereby dismissed, having no merit.
(Arvind Singh Chandel, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.08.2024
Transmission Date 07.08.2024
