IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.569 of 2006 BIBI ANWARI KHATOON Versus THE STATE OF BIHAR & ORS ----------- 6 17.4.2009 KHAN The petitioner has challenged the order dated 13.6.2006 passed by the IInd Additional Sessions Judge, Muzaffarpur in Criminal Revision No.184 of 2005 whereby he has set aside the order dated 29.8.2005, passed by the S.D.J.M., East Muzaffarpur by which he has taken cognizance of offence under section 498A of the Penal Code and section ¾ of the Dowry Prohibition Act. Learned counsel for the petitioner without adverting to the merits of this case has submitted that the Sessions Judge did not have jurisdiction under criminal revision to entertain an application challenging the order taking cognizance. In this respect, he relied upon a decision of this court in the case of Birendra Narayan Choudhary vs State of Bihar, 2001(3) P.L.J.R. 468. In the aforesaid case this court held that the Sessions Judge does not have power in criminal revision to interfere with the order by which cognizance has been taken. In view of the aforesaid decision, this court set aside the order dated 13.6.2006 passed by the IInd Additional Sessions Judge, Muzaffarpur in Criminal Revision No.184 of 2005 and this revision application is accordingly allowed. (S.P.Singh,J) - 2 -