IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27209 of 2009 Subodh Satyarthi @ Kanchan Sinha Versus The State Of Bihar ------- For the petitioner: Mr Indradeo Prasad, Advocate For opposite party no.2 Mr Umesh Kumar, Advocate For the State : Mr M.N. Jha, Addl. P.P. --------- 3 16.08.2011 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for opposite party no.2 and also heard Addl. Public Prosecutor for the State on the point of admission. In my view, this petition may be disposed off at the admission stage itself. This petition under section 482 of the Cr. P.C has been filed against the order dated 8.6.2009 passed by learned Sessions Judge, Jehanabad in Misc. Case no. 13/2009 by which and whereunder he dismissed the aforesaid Misc.Case no. 13/2009 treating the same as revision petition. Shorn the unnecessary details, suffice it to say that opposite party no.2 filed complaint case bearing Complaint case no. 664/2006 against the petitioner for the offences under sections 498A, 323, 504 IPC and 3/ 4 of the D.P. Act. The petitioner filed a petition under section 205 of the Cr. P.C. before learned Sub divisional Judicial Magistrate, Jehanabad on 30.1.2008 but no order was passed on the aforesaid petition and being fed up with delay in disposal of the aforesaid petition, petitioner filed Misc. Case no. 13/2009 before the learned Sessions Judge, Jehanabad for giving direction of speedy disposal of the aforesaid petition to learned Sub divisional Judicial - 2 - Magistrate, Jehanabad. The learned Sessions Judge, Jehanabad treated the aforesaid petition as criminal revision and passed the impugned order against which this petition has been preferred. It would appear from perusal of the impugned order dated 8.6.2009 that the learned Sessions Judge, Jehanabad passed the impugned order under impression that learned Sub divisional Judicial Magistrate, Jehanabad had already disposed off the aforesaid petition filed under section 205 of the Cr. P.C. passing order dated 30.1.2008. Learned counsel appearing for the petitioner submits that as a matter of fact, the aforesaid petition dated 30.1.2008 filed under section 205 of the Cr. P.C was still pending before the learned Sub divisional Judicial Magistrate, Jehanabad at the time of passing order dated 8.6.2009 in Misc. Case no. 13/2009 but learned Sessions Judge, Jehanabad without perusing the impugned order as well as concerned record passed the impugned order dated 8.6.2009 which is not in accordance with law. It is further contended by him that the aforesaid petition dated 30.1.2008 has already been rejected by learned Sub divisional Judicial Magistrate, Jehanabad vide order dated 30.5.2011 against which Cr. Revision no. 40/2011 has been filed which is still pending in the court of learned Sessions Judge, Jehanabad. Learned counsel appearing for opposite party no.2 concedes the aforesaid submissions but adds that this petition has already lost its force because the petition dated 30.1.2008 has already been - 3 - disposed off by learned Sub divisional Judicial Magistrate, Jehanabad. Although petition dated 30.1.2008 filed under section 205 Cr.P.C before learned Sub divisional Judicial Magistrate, Jehanabad has already been disposed off by him but admittedly, impugned order dated 8.6.2009 passed by learned Sessions Judge, Jehanabad in Misc. Case no. 13/2009 is not in accordance with law because learned Sessions Judge, Jehanabad passed the aforesaid order under the impression that petitioner had filed Misc. Case no. 13/2009 against rejection of petition dated 30.1.2008. In the aforesaid circumstances order dated 8.6.2009 passed by the learned Sessions Judge, Jehanabad in Misc. Case no. 13/2009 is liable to be quashed. Accordingly, this petition stands disposed off quashing order dated 8.6.2009 passed in Misc. Case no. 13/2009. It is made clear that finding given in this order shall not affect the merit of the Cr. Revision no. 40/2011 pending in the court of learned Sessions Judge, Jehanabad. Shahid ( Hemant Kumar Srivastava,J)