IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28724 of 1999 RAM KUMAR SINHA, S/O LAKSHMAN PD.SINHA, R/O-VILL-MUSI, P.S. TEKARI, DIST-GAYA………..PETITIONER. Versus 1. STATE OF BIHAR 2. RAMASHISH SHARMA, S/O NOT KNOWN, R/O-VILL- HARPUR, P.S.SHAHKUND, DIST-BHAGALPUR, AT PRESENT, R/O, ANANDIBABU LANE, ADAMPUR, P.S.BARARI, DIST- BHAGALPUR……OPP. PARTIES. ----------- For petitioner: Mr. Rakesh Kumar Samrendra, Adv. For the State: Mr. Lala Kailash Bihari Prasad, APP. ----------- 5. 28-Apr-2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. The prayer made in this application filed under Section 482 of the Cr.P.C. is to quash an order dated 16.9.1999 by Judicial Magistrate, 1st Class, Bhagalpur in G.R. Case No. 483/87 arising out of Bhagalpur Kotwali P.S. Case No. 149/87 relating to offences under Sections 414, 423, 467, 468, 471, 448 and 120B of the IPC. 3. The materials on record as well as the impugned order reveal that the petitioner has not challenged the order of cognizance before this Court or before the learned Magistrate. It is further clear that order refusing his prayer of discharge passed by the predecessor Magistrate on 3.2.96 was challenged by the petitioner - 2 - before this Court without success. Thereafter, the learned Magistrate had no option but to frame charge and proceed with the trial. The petitioner appears to have filed an application labelled under Section 461 of the Cr.P.C. to persuade the Magistrate to review or recall his earlier order on the ground that the earlier order was not in accordance with law. 4. In the facts of the case, learned Magistrate had no option but to reject such a prayer. A criminal court under the provisions of the Cr.P.C. has no power of review and it cannot recall its own order except to correct clerical mistakes. There is no occasion for this Court to go into the merits of the case of the petitioner and it must be looked into by the trial court in accordance with law. This application is, therefore, dismissed. perwez (Shiva Kirti Singh,J.)