IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47029 of 2006 Md.Irshad Ali Khan, Son of late Dr. Abdul Hafiz Khan Azad, Resident of Village Bara, P.S. Magadh University Bodh Gaya, District Gaya at present Mohalla Magroofganj Nagamatia Road, Civil Lines, Gaya. ---------- Petitioner Versus 1. State of Bihar. 2. Dr. Ravindra Kumar, Son of Late V.D. Gupta, Resident of Mohalla 407 Colony, P.S. Rampur, District Gaya. ------ Opposite Parties ----------- 6 19.2.2010 Heard learned counsel for the parties. Counsel for the petitioner has submitted that the impugned order dated 23rd May, 2006 passed in Criminal Revision No. 64 of 2004 would be in teeth of earlier observations and direction given by this Court in the order dated 16th September, 1999 in Criminal Revision No. 792 of 1989. Counsel further proceeds that as a matter of fact when in terms of the aforesaid order, the cognizance was taken, the accused Dr. Ravindra Kumar had moved the court below for his discharge and such prayer was rejected by order dated 12.5.2004, whereafter, he had moved in revision before the District and Sessions judge in Criminal Revision No. 17 of 2005 / 64 of 2004 and the same was allowed by an order dated 23.5.2006, wherein, it was held 2 that sanction under Section 197 of the Cr.P.C. was necessary for prosecution of the accused Dr. Ravindra Kumar and that having been not obtained, the order dated 12.5.2004 rejecting the prayer for discharge was held to be unsustainable. This Court however would find that this application has been dismissed as against Dr. Ravindra Kumar in whose favour the revisional order was passed on account of non-compliance of the order dated 30.11.2006. That being so, this application has become incompetent, inasmuch as, any order which would now be passed would directly affect Dr. Ravindra Kumar against whom the application as noted above has already stood dismissed. Accordingly, this application is dismissed. Rsh (Mihir Kumar Jha, J.)