SUKHDEO PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application by the petitioner under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') against an order passed on 23-4-1977 dismissing the complaint of the petitioner under Sec. 203 of the Code as, according to him, taking of cognizance for the offences alleged were barred under Sec. 468 of the Code.

(2.) An information was lodged by the petitioner at the Police Station, Jamui, on 10-4-1973 for offences under Secs. 279/338 of the Indian Penal Code against the opposite party no. 2, The police after investigation submitted final form on 31-12-1973 'mistake of fact. Thereafter the petitioner filed a complaint in the form of protest petition before the Subdivisional Magistrate, Jamui, on 5-5-1973. Somehow or the other the matter remained pending for long and ultimately, it seemes, the petitioner was examined on solemn-affirmation on 15-2-1977 and by the impugned order dated 23-4-1977 the complaint was dismissed as taking of cognizance for the offences alleged in the petition of complaint was barred under Sec. 468 of the Code. As against the said order, the petitioner preferred a petition in revision before the Sessions Judge, Monghyr, but the same was withdrawn and the order was passed that Che application was rejected as withdrawn. Thereafter this present application, has been filed under the provision of Sec. 482 of the Code.

(3.) Learned Counsel appearing on behalf of the opposite party no. 2 has submitted that this application is actually another revision application although it has been filed under Sec. 482 of the Code just to circumve it the provision of Sec. 399 (3) of the Code. Learned counsel for the petitioner, however, has submitted that this should not be treated as a second revision application but an application under Sec. 482 of the Code invoking the inherent jurisdiction of this Court.