Bidya Sagar Singh vs State Of Bihar &Amp; Anr on 25 June, 2010

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Cr.Misc. No.15902 of 2008
           BIDYA SAGAR SINGH SON OF SRI DHANRAJ SINGH,
           RESIDENT OF MOHALLA ADARSHA BIHAR COLONEY, WEST
           RAJEEV NAGAR, DISTRICT PATNA.
                     ...           ...    PETITIONER.
                              Versus
        1. STATE OF BIHAR
        2. MADAN MOHAN SHRIVASTAV SON OF LATE BINDA PRASAD,
           RESIDENT OF SANJAY GANDHI NAGAR, ROAD NO.8, INDU
           NIWASH, HANUMAN NAGAR, P.S. PATRAKAR NAGAR, DISTRICT
           PATNA.
                     ...           ...   OPPOSITE PARTY.
                               ----

         For the Petitioner      :     None
         For the State           : Mrs. Indu Bala Pandey, A.P.P.
                               ----

2.   25.6.2010.              No    one   appears    on     behalf     of     the

                  petitioner.

The petitioner, while invoking inherent

jurisdiction of this Court under Section 482 of

the Code of Criminal Procedure, has prayed for

quashing of order dated 18.2.2008 passed by

Additional District Judge, F.T.C.-2, Patna in

Cr. Revision No.473 of 2007/181 of 2007. By the

said order, the learned revisional court has

affirmed the order of rejection of discharge

petition, which was filed under Section 245 of

the Code of Criminal Procedure by the

petitioner.

I have perused the impugned order. The

present petition is firstly liable to be

rejected on the ground that in the garb of

filing a petition under Section 482 of the Code
2

of Criminal Procedure, virtually, the

petitioner has filed second Cr. Revision

petition, which is barred under Section 397(3)

of the Code of Criminal Procedure. Besides on

merit also, there is nothing on record

warranting exercise of inherent power in favour

of the petitioner.

Accordingly, the petition stands

rejected.

( Rakesh kumar,J.)
N.H./