IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24388 of 2007 JANARDAN PATHAK, Son of Late Gopal Pathak, resident of Village- Harla, Police Station- Sonhan, District-Kaimur(Bhabua). -----Petitioner. Versus 1. The State of Bihar. 2. Lal Muni Yadav, Son of Gajar Yadav, resident of Ward No. 16, Police Station- Bhabua, District-Kaimur............Opposite Parties. ----------- For the petitioner: M/S. Om Prakash Pandey and Rajesh Kumar Pathak, Advocates. For the State : Mr. Jharkhandi Upadhyay, A.P.P. For the O.P. No.2: M/S. S. N. P. Sinha, Sr. Advocate and Vinod Kumar Seth, Advocates. ---------- O R D E R The second party in a proceeding under Section 144 Cr. P. C. being Case No. 33 of 2006 has filed this application for quashing of the order dated 11.09.2006 passed therein by the Sub Divisional Magistrate, Kaimur at Bhabua, whereby he has converted the said proceedings into one under Section 145 Cr. P. C. and the consequential order dated 12.04.2007 passed by the learned Presiding Judge, Fast Track Court No. II, Kaimur at Bhabua, whereby he has dismissed Cr. Revision No. 152 of 2006 confirming the order dated 11.09.2006 passed by the Sub-Divisional Magistrate, Kaimur at Bhabua. Perused the orders of the Revisional Court as also the order of the Sub- Divisional Magistrate, Kaimur at Bhabua. An order under Section 144 Cr. P.C. is now revisable under Section 401 Cr. P. C. exercised by the Sessions Judge who has been given concurrent power with the High Court under Section 399 Cr. P.C. In the instant case the petitioner has moved the Sessions Court in - 2 - revision challenging the order passed by the Sub-Divisional Magistrate and the said revision was dismissed. Now the very same petitioner has moved the High Court under Section 482 Cr. P. C. for quashing of both the orders. In my view this application is not maintainable as the petitioner has filed a second revision in the garb of a proceeding under Section 482 Cr.P.C. and to my mind concurrent findings of facts cannot be disturbed by the High Court by using its inherent power and that too when there is no apparent abuse of the process of the Court Accordingly, I find no merit in this application which is dismissed. (Abhijit Sinha,J) Patna High Court, Patna Dated:the 18th August,2009 U.K./A.F.R.