IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41226 of 2007 UMA SHANKAR MANDAL @ UMESH SHANKAR MANDAL SON OF ANANDI MANDAL, RESIDENT OF VILLAGE KATARIA,P.S.MUNGER (MUFFASIL),DISTRICT MUNGER,AT PRESENT POSTED AS HALKA KARAMCHARI, VILLAGE DHOURI, BLOCK TETIA BAMBER(KHARAGPUR), DISTRTICT MUNGER ------ PETITIONER VERSUS THE STATE OF BIHAR & VIJAY KUMAR SINGH — OPP.PARTIES ------- For the petitioner : Mr. Manendra Kr.Sinha For the State : Mr. J.S.Pd.Singh,APP For Opp.Party no.2 : Mr. Amod Kumar ------ 03/ 26.03.2010 Heard learned counsel for the parties. By filing this application under Section 482 of the Code of Criminal Procedure, the petitioner has challenged the order dated 23.04.2007 passed by Additional Sessions Judge, Fast Track Court No.I, Munger in Criminal Revision Case No.229 of 2006 by which the order taking cognizance dated 18.10.2006 by Sri P.K.Sinha, Judicial Magistrate, Ist Class, Munger in Complaint Case No. 829(C)/2006 has been confirmed. Learned counsel for the petitioner has submitted that the exercise of power under Section 397(3) of the Code of Criminal Procedure does not debar this Court to entertain an application filed under Section 482 of the Code and this Court can very well entertain quashing application. 2 Section 397 of the Code of Criminal Procedure is the powers of revision and according to Section 397(3) it is clear that if an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained. The present application is in the garb of second revision which is bar under Section 397(2) of the Code of Criminal Procedure. Not only that, learned counsel for the State as well as learned counsel appearing for the opposite party no.2 has stated that the discharge petition of the petitioner has also been rejected by the court below. Taking into consideration the submissions, the legal proposition and the facts and circumstances of the case, I find no merit in this application. It is accordingly dismissed. Tahir/- ( Shyam Kishore Sharma, J. )