Patna High Court - Orders
Rita Devi vs The State Of Bihar & Anr. on 24 July, 2012
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11296 of 2012
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1. Rita Devi W/O Pradeep Kumar Rai, R/O Village + Post Office - Bhirha,
Police Station - Rosera, District - Samastipur
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Ajay Kumar Rai S/O Late Umakant Rai, R/O Village + Post Office -
Bhirha, Police Station - Rosera, District - Samastipur
.... .... Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
2/ 24-07-2012Heard.
The Petitioner, who is the Complainant of C.R. No.1111 of 2010, is aggrieved with the order dated 18.01.2012 passed by the Additional Sessions Judge, Rosera, Samastipur, in Criminal Revision No.290 of 2011 arising out of C.R. No.1111 of 2010 by which he has remanded the matter to the Court below for holding further enquiry after giving a definite opinion that only offence under sections 323 and 354 Indian Penal Code is made out.
It has been submitted on behalf of the Petitioner that it was not within the powers of the revisional Court to give a finding and at best he could have remanded the matter for further enquiry which in any case he has done.
I am inclined to accept the contention raised on 2 Patna High Court Cr.Misc. No.11296 of 2012 (2) dt.24-07-2012 2/2 behalf of the Petitioner.
In view of such, order dated 18.01.2012 passed by the Additional Sessions Judge, Rosera, Samastipur, in Criminal Revision No.290 of 2011 arising out of C.R. No.1111 of 2010 is hereby set aside and the Additional Chief Judicial Magistrate, Rosera, is directed to proceed in accordance with law without being prejudiced by the order of the revisional Court.
Application stands allowed.
(Anjana Prakash, J) JA/-