JANARDAN PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE second party in a proceeding under Section 144, Cr PC 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 under Section 145, Cr PC and the consequential order dated 12.4,2007 passed by the learned Presiding Judge, Fast Track Court No. II, Kaimur at Bhabua, whereby he has dismissed Cr. Revision No. 152 of 2006 conforming 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.

(2.) AN order under Section 144, Cr PC is now revisable under Section 401, Cr PC exercised by the Sessions Judge who has been given concurrent power with the High Court under Section 399, CrPC.

(3.) 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 under Section 482, Cr PC for quashing of both the orders.