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2001 Supreme(Pat) 499

R.K.DEB
Birendra Narayan Choudhary – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard learned counsel for both the parties.

2. This petition has been filed under Section 482 of the Code of Criminal Procedure (in short Cr. P.C.) against the revisions! order passed by the Sessions Judge, Madhubani in Cr. revision No. 908 of 1999 who has rejected the revision petition filed against the order of cognizance and issuance of notice being made in the Complaint Case No. 257 of 1992 (Tr. No. 1348 of 1998). After enquiry under section 202 Cr. P.C. cognizance has been taken against the petitioner and others. Against the said cognizance and issuance of notice, revision was preferred that too belatedly and the revision petition has been rejected as barred by limitation.

3. There is no scope in entertaining any revision petition by the sessions Judge against the order of cognizance being taken and issuance of notice and only High Court has jurisdiction to interfere with the said orders under section 482 Cr. P.C. So any order passed by the Sessions Judge is non-est in the eye of law.

4. Now coming to the factual aspect, it is stated that after the petitioner has been transferred from the station, the present complaint has been lodged when a certificate proceeding w


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