IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55067 of 2007 RAM CHANDRA PRASAD YADAV, Son of Late Ragho Yadav, resident of Village-Nehaluchak, P.S. and District- Nawada....Petitioner. Versus 1. The State of Bihar. 2. Manoj Kumar, Son of Dwarika. 3. Laxmi Narayan Lal, Son of Shyam Babu Prasad. Both opposite parties no. 2 and 3, resident of Mohalla-Station Road, Nawada, P.S. and District-Nawada........................Opposite Parties. ----------- 3. 16.04.2010. Heard learned counsel for the petitioner and learned counsel for the State. No one is appearing on behalf of opposite party nos.2 and 3. The present application has been filed for quashing the order dated 07.06.2007 passed in Cr. Revision No. 77 of 2005/16 of 2006 passed by the learned Ist Additional District and Sessions Judge, Nawadah, whereby the petitioner’s revision has been dismissed on the ground of limitation alone. In the said revision the petitioner challenged the order dated 03.05.2005 whereby the proceeding under Section 144 Cr. P. C. has been converted into Section 133 Cr. P. C. by the learned Sub Divisional Officer, Nawadah, in Case No. 90 of 2005. It has been contended by the learned counsel for the petitioner that the matter has not proceeded further in the court of the 2 learned Sub Divisional Officer, Nawada, after 03.05.2005. From perusal of the impugned order, it appears that the criminal revision of the petitioner was admitted on 15.09.2005 without condoning the delay and it was observed to consider the limitation at the time of the hearing. In my view the question of limitation ought to have been decided before admission of the criminal revision and when the application was admitted on merit then the criminal revision ought not to have been dismissed on the ground of limitation alone during hearing. In view of the aforesaid fact, the order dated 07.06.2007 passed by the learned Ist Additional District and Sessions Judge, Nawadah, passed in cr. Revision No. 77 of 2005/16 of 2006 is quashed and the matter is remanded back to the court of the learned Ist Additional District and Sessions Judge, Nawadah to decide the revision afresh expeditiously as the matter is pending before the learned Sub Divisional Judicial Magistrate, Nawadah since 2005, however, the learned Ist Additional District and Sessions 3 Judge, Nawadah, may seek a report from the court of the learned Sub Divisional officer, Nawadah about the stage of the Case No. 90 of 2005 and he will consider the criminal revision application only when the matter has not proceeded after 03.05.2005. With the observations above, the application is allowed. U.K. (Dinesh Kumar Singh,J)