Janardan Pathak vs The State of Bihar and Another

Abhijit Sinha, J.—The second party in a proceeding u/s 144 Cr.P.C. being Case No. 33 of 2006 has filed this application for quashing of the order dated 11.9.2006 passed therein by the Sub-Divisional Magistrate, Kaimur at Bhabua, whereby he has converted the said proceedings into one u/s 145 Cr.P.C. and the consequential order dated 12.4.2007 passed by the learned Presiding Judge, Fast Track Court No. -ll, Kaimur at Bhabua, whereby he has dismissed Cr. Revision No. 152 of 2006 confirming the order dated 11.9.2006 passed by the Sub-Divisional Magistrate, Kaimur at Bhabua. Perused the orders of the Revisional Court as also the order of the Sub-Divisional Magistrate, Kaimur at Bhabua.

An order u/s 144 Cr.P.C. is now revisable u/s 401 Cr. P. C. exercised by the Sessions Judge who has been given concurrent power with the High Court u/s 399 Cr.P.C. In the instant case the petitioner has moved the Sessions Court in revision challenging the order passed by the Sub-Divisional Magistrate and the said revision was dismissed. Now the very same petitioner has moved the High Court u/s 482 Cr.P.C. for quashing of both the orders.

In my view this application is not maintainable as the petitioner has filed a second revision in the garb of a proceeding u/s 482 Cr.P.C. and to my mind concurrent findings of facts cannot be disturbed by the High Court by using its inherent power and that too when there is no apparent abuse of the process of the Court. Accordingly, I find no merit in this application which is dismissed.