IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12629 of 2008 ASHIF ZAYA, Son of Zyaus Samad, resident of Mohalla- Baluatal, P.S. Motihari Town, District-East Champaran ---------------------- Petitioner Versus STATE OF BIHAR ----------- 02 21-06-2010 When the case was called out, no one appeared on behalf of the petitioner. The sole petitioner has prayed for quashing of the order dated 14.01.2008 passed by the learned Sessions Judge, East Champaran at Motihari in Cr.Rev.No.499 of 2007. By the said order, the learned Sessions Judge has rejected the revision petition, which was filed against the order of cognizance dated 16.10.2007. By the order dated 16.10.2007, the learned Chief Judicial Magistrate, Motihari differing with the final report submitted in favour of the petitioner has taken cognizance of the offences under Sections 25(1- B)a,26, 35 of the Arms Act. From the record, it appears that the petitioner was made accused along with other accused in Town P.S. Case No.205 of 2007 for the offences under Sections 25(1-B)a, 26 and 35 of the Arms Act. After investigating the case, police submitted chargesheet against three accused persons. However, the petitioner was not sent up for trial by the police. The learned Chief Judicial Magistrate after submission of the chargesheet and examining different paragraphs of the case diary was satisfied that prima facie case against this petitioner was also made out and by order dated 16.10.2007 took cognizance of the offences. 2 Against the said order, a Criminal Revision was preferred by the petitioner, which too was rejected on 14.1.2008. Keeping in view the fact that the learned Chief Judicial Magistrate after examining the case diary had taken cognizance of the offences as well as the Cr. Revision petition was also rejected by the learned Sessions Judge, I do not find any merit in the present petition. Moreover, the present petition, which has been filed under Section 482 Cr.P.C amounts to second revision petition, which is not permissible under Section 397(3) of the Code of Criminal Procedure. Accordingly, I do not find any merit in the present petition and the petition stands rejected. NKS/- ( Rakesh Kumar, J )