Ashok Kumar vs The State Of Bihar

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The present petition has been filed for quashing the order dated 17.09.2018 passed by learned Sessions Judge, Bhagalpur in Cr. Revision No. 212/2017, whereby and whereunder learned Sessions Judge has been pleased to dismiss the criminal revision, which was filed against the order dated 18.07.2017 passed by learned C.J.M., Bhagalpur in Protest-cum-complaint Case No. 85/2016 under section 203 of the Cr.P.C., and further to quash the order dated 18.09.2017 passed by learned C.J.M., Bhagalpur in Complaint Case No. 85/2016 dismissing the complaint under section 203 Cr.P.C., without considering the material available on record and also the statement of enquiry witnesses.

On the basis of complaint made by the petitioner, a complaint case No. 519/2014 was filed before the learned C.J.M., subsequently, said complaint sent before Kahalgaon Police Station where the case was instituted as Kahalgaon P.S. Case No. 343/2014 on 23.07.2014 under section 452, 379, 506, 120B of the IPC against the named co-accused persons.

As per FIR, on 10.11.2013, after holding a meeting, all the accused persons came in the school of the petitioner and broken the lock of the school’s office and classroom, where all the important papers of the school were in custody of the accused persons. It is alleged that the accused persons have destroyed the papers and taken away the furniture and other articles of the school. The informant further alleged that the accused persons threatened him that if he operates the functioning of the school, he will be killed. It is further alleged that on 20.11.2013, accused persons tried to kill the informant for which an application was filed before the Officer-in-Charge, Kahalgaon on 06.02.2014.

It is submitted by learned counsel for the petitioner that without going into the materials available on record, learned trial court disbelieved the allegation, as raised by the petitioner, for the simple reason that there was land dispute between the parties.

It is submitted that the present case was filed by the headmaster of the school with whom there was no such land dispute and, therefore, the finding as recorded by the learned trial court, appears bad in the eyes of law. It is submitted that petition under Section 482 of the Cr.P.C. against the revisional order is maintainable.

Learned A.P.P. for the State submitted that after lodging the FIR, police after investigation submitted final form/closure report against the opposite party no. 2, whereafter a protest petition was filed by informant, which was also dismissed after enquiry under section 203 of the Cr.P.C. It is submitted that against the said dismissal order, the revision petition was filed, which was also dismissed through the impugned order.

It is submitted by learned A.P.P. for the State that the reason for dispute between the parties are land dispute as observed by the learned jurisdictional Magistrate, which was also accepted by the Revisional Court.

It is submitted that though quashing petition can be preferred against revisional order but same can be filed only when it appears completely perverse observing the fact and the law. In support of his submission, learned A.P.P. relied upon the legal report of Hon’ble Supreme Court as available through Kailash Verma Vs. Punjab State Civil Supplies Corporation and Anr. reported in (2005) 2 SCC 571.

It is further submitted that filing of present petition is amounting to second criminal revision, which makes it not maintainable in view of Section 397(3) of the Cr.P.C.

In view of aforesaid particularly as present petition is amounting to second revision on same issue barred under Section 397(3) of the Cr.P.C., accordingly, the present petition devoid of any merit and, therefore, same stands dismissed.

Let a copy of this judgment be sent to the learned trial court forthwith.