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2004 DIGILAW 992 (PAT)

Gandhi Rai v. State of Bihar

2004-09-18

body2004
ORDER 1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor on admission. 2. This is an application under section 482 of the Code of Criminal Procedure praying therein to quash order dated 9.7.2002 recorded by the Sessions Judge, East Champaran at Motihari in Cr. Rev. no. 185 of 2002 whereby and whereunder the learned Sessions Judge had upheld the order recorded by the Sub divisional Judicial Magistrate, Sikrahha dated 23.5.2002 in connection with Chiraiya P.S. Case No. 123 of 2001 in which the learned Magistrate had directed to release the seized woods in favour of the informant on furnishing a security bond. The petitioner is the accused in that case. Learned counsel for the petitioner submits that from documents it is clear that the petitioner had title over the land from which the aforesaid woods were obtained, hence the seized woods should have been released in favour of the petitioner. 3. I find that this point was also reaised before the learned Magistrate as well before the learned Sessions Judge, hearing the revision. On consideration of the materials on record including the report of the Investigating Police Officer the order was passed in favour of the informant which, as already seen, was upheld in the revision also. 4. Under law a second revision is not maintainable. When an order has been passed in a revision, unless there are some glaring illegality or irregularity on the face of the record, this court should not exercise its inherent powers under section 482 of the Code of Criminal Procedure as that would amount to do a thing by another way which is prohibited under express provision of law. In the orders of the lower court I do not find any such irregularity or illegality. In that view of the matter, this petition is dismissed.