Citation: CR. MISC. No.21192 of 202
Decided On: 16-10-2023
Coram: Honourable Mr. Justice Chakradhari Sharan Singh
Introduction:
The petitioner has put to challenge in the present application filed under section 482 of the CrPC, the order dated 31.01.2022 passed in Criminal Revision No. 171 of 2021. The petitioner is an accused in Laheriasarai P.S. Case No. 222 of 2019, wherein cognizance has been taken by the learned CJM, Darbhanga for the offences punishable under sections 341, 323, 324, 307, 354, 504, 506/34 of the Indian Penal Code
Facts:
The said criminal revision petition has been dismissed by an order dated 31.01.2022 passed by learned Additional Sessions Judge-X, Drabhanga, which order is under challenge in the present application filed under section 482 of the CrPC. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner and other persons named in the FIR have been falsely implicated. The occurrence is said to have taken place as the informant had opened a shop to sell beef near a Temple and Town Primary Health Centre, Urdu Bazar, Darbhanga, to which members of both community opposed.
He further submits that the FIR was registered by the petitioner giving rise to Laheriasarai P.S. Case No. 193 of 2019. Another FIR was registered by the petitioner’s wife on 08.06.2019 giving rise to Laheriasarai P.S. Case No. 220 of 2019. Subsequently, the informant of this case lodged the false case giving rise to Laheriasarai P.S. Case No. 222 of 2019. On perusal of the records, it transpires that the petitioner had approached the revisional court and had invoked the statutory remedy of revision as envisaged under section 397 of the CrPC questioning the order taking cognizance.
Court’s Analysis and Decision:
Court did not interfere with the order passed by the revisional court in the present case, cause the court didn’t find it fit to do so. The application was dismissed because of the said reason by the court. The Hon’ble judge added that the petitioner, however, shall be at liberty to raise the grounds, which he has raised in the present application, at the time of framing of charge.
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Written By : Sushant Kumar Sharma
