IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48601 of 2007 ANIL KUMAR @ ANIL KUMAR SINGH, S/O- LATE RAM PRAVESH SINGH, RESIDENT OF MOHALLA PATIPUL, P.S.- DIGHA, DISTRICT- PATNA. Versus 1. THE STATE OF BIHAR. 2. AJAY KUMAR, SON OF SRI RAM BRISHA MAHTO, NEHRU TOLA HUMAD GALI, CHOWK THANA, PATNA CITY. ----------- 3 23.03.2010 Petitioner seeks to challenge the revisional order dated 7.8.2007 passed in Cr. Revision no. 563 of 2005. The accused-petitioner had filed the aforesaid criminal revision being aggrieved by the order dated 28.7.2007, passed by the Judicial Magistrate, 1st Class, Patna City in Complaint Case no. 45 of 2000 whereby exercising his judicial discretion, application under Section 311 was allowed. Learned counsel for the petitioner strenuously argued that the continuance of the present proceeding is an abuse of the process of the court as the proceeding has already lingered for over nine years. Learned counsel for the petitioner submits that the courts below have acted illegally in exercise of its discretion. Learned revisional court while rejecting the revision filed by the petitioner held in paragraph nos. 5 and 6 as follows: “5. After hearing both sides and for the ends of justice Ajay Singh had been allowed to adduce evidence. From the perusal of the lower court record it appears that Ajay Singh was a witness in complaint petition and he is the brother of the deceased. 6. Under the above facts order of the learned Magistrate dated 28.7.2005 is legal and praiseworthy. No error has been committed by him because the victim has died and this is a case U/s 2 498A, 323 and 406 I.P.C. against the accused persons. Thus order of the learned Magistrate is hereby confirmed and the revision petition is accordingly dismissed. Let a copy of this order be sent to the lower court alongwith the L.C.R.” This court finds no infirmity in the order dated 7.8.2007 passed in Cr. Revision no. 563 of 2005. The order cannot be said to be wholly perverse and/or without jurisdiction. There is no merit in the application. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )