IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12835 of 2008
ASHOK MATHUR, Son of Sri K.B.Mathur, Escorts Finance Ltd.
N-6, Pratap Building , Cannaught Place, New Delhi -- Petitioner
Versus
1. THE STATE OF BIHAR
2. Ram Swarup Prasad S/O Ganauri Mahto, resident of
Indranagar, Road No.2, Postal Park, P.S. Jakkanpur, District-
Patna ------------- Opp.Parties.
-----------
02 23-06-2010 When the case was called out, no one appeared on
behalf of the petitioner.
The sole petitioner, while invoking inherent
jurisdiction of this Court under Section 482 of the Code of
Criminal Procedure, has prayed for quashing of the order dated
7.8.2006 passed by the learned Sub Divisional Judicial Magistrate,
Patna in Complaint Case No.3662( C) of 2005, whereby the
petition filed on behalf of the petitioner for personal exemption
under Section 205 of the Code of Criminal Procedure has been
rejected. The petitioner has also prayed for quashing of the order
dated 27.7.2007 passed by the learned Sessions Judge,Patna in
Cr.Revision No.900 of 2006. By the said order, the learned
Sessions Judge,Patna has affirmed the order of rejection of
exemption petition of the petitioner filed under Section 205 of the
Code of Criminal Procedure by order dated 7.8.2006 passed by the
learned Sub Divisional Judicial Magistrate, Patna.
On the basis of materials available on record and
from the impugned order, it appears that the petitioner was one of
the accused, in which allegation was that the Company to which
2
the petitioner was also associated had cheated several depositors.
Since the Revision petition of this petitioner against
the rejection of exemption petition was already rejected by the
learned Sessions Judge, I am of the view that the present petition
amounts to second revision, which is barred under Section 397(3)
of the Code of Criminal Procedure.
In view of seriousness of the allegation as well as in
view of the fact that the revision petition has already been rejected,
the present petition stands rejected.
NKS/- ( Rakesh Kumar, J )