IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33830 of 2008 Niranjan Prasad S/o late Jadunandan Prasad, R/o of Maulabag, Idgah Road, PS.- Ara Nawada, District- Bhojpur----Petitioner Versus 1. The State Of Bihar 2. Akhileshwar Kumar Srivastav @ Munna Srivastav S/o Shaileshwari Prasad Srivastav, R/o Mohalla- Shital Tola, Sheoganj, Nehru Naga, PS.- Ara Town, District-Bhojpur--------- -----------------------------------------------Opposite parties. ---------------------------------- For the Petitioner: Mr. Surendra Kumar Singh, Advocate, Mr. Anirudh Kumar Singh, Advocate, Smt. Sudha Chandra, Advocate For the State: Mr. Dashrath Mehta, APP ------------------------------ 4 14.12.2011 Heard learned counsel for the petitioner and learned APP for the State. This application has been preferred under section 482 of the Code of Criminal Procedure to quash the order dated 22.5.2008 passed by the Sessions Judge, Bhojpur at Ara in Criminal Revision No. 122 of 2007 whereby he allowed the criminal revision by setting aside the order dated 11.7.2007 passed by Additional Chief Judicial Magistrate, Ara taking the cognizance of offence under sections 182 and 211 of the Indian Penal Code in Case No. 57 (0) 2006. Learned counsel for the petitioner submits that Criminal Revision No. 98 of 2007 (Akhilesh Kumar Srivastava @ Munna Srivastava vs. Niranjan Prasad & others) had been dismissed on 29.1.2008 by learned A. D.J. (F.T.C) 1st Bhojpur at Ara but learned Sessions Judge has stated in his impugned order that Criminal Revision No. 97 of 2006 is filed against the dismissal of Complaint Case No. 133(C ) of 2007 under section 203 of the Cr. P. C. which is pending for hearing which would appear from the case record. It is further submitted by learned counsel for the petitioner that against the order dated 29.1.2008 passed in Criminal Revision No. 98 2 of 2007, a Criminal Miscellaneous Case No. 14875 of 2008 was preferred by the revisionist and the same was dismissed on 14.5.2010 by a Bench of this Court. Learned counsel for the petitioner further submits that opposite party no.2 has suppressed the fact of dismissal order passed in Cr. Revision No. 98 of 2007 and has mentioned a false Cr. Revision No. 97 of 2006 in place of Cr. Revision No. 98 of 2007. It appears from the impugned order dated 22.5.2008 passed in Criminal Revision No. 122 of 2007 that learned Sessions has held in paragraph-6 of the impugned order that the order of dismissal of complaint case is under challenge before a competent court in revision which has already been admitted and pending for hearing. It appears from Annexure- 3 to this application that Criminal Revision No. 98 of 2007, which had been preferred against the order dated 18.5.2007of dismissal of complaint petition passed in Complaint case No. 133 (C) of 2007, was already dismissed on 29.1.2008. In the aforesaid facts and circumstances of the case, the order dated 22.5.2008 passed in Criminal Revision No. 122 of 2007 is quashed and the matter is remanded back to learned Sessions Judge with a direction to pass a fresh order after taking into account all the relevant materials available on record in accordance with law. This application is thus disposed of with the above direction. RPS ( Rajendra Kumar Mishra, J.)