Sugni Devi vs. The State Of Bihar& Ors.
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Order Issued After Hearing
Purpose:
Disposed
Listed On:
26 Oct 2009
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Order Text
IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33984 of 2007 SUGNI DEVI Versus THE STATE OF BIHAR & ORS -----------
4 26.10.2009 The petitioner prays for quashing the order dated 22.3.2007 passed in Cr. Revision No.343 of 2005 by the learned Additional Sessions Judge, F.T.C. No.1, Munger whereby he confirmed the order dated 27.9.2005 passed in Complaint Case No.246C/03 dismissing the complaint under section 203 Cr.P.C. by the Judicial Magistrate Ist Class, Munger.
Learned counsel for the petitioner submits that the witnesses have not stated consistently. The learned Magistrate has found that at one place the complainant stated that the house was burnt and at other place they state that the same has not been burnt. Similarly the revisional court has also found the prosecution case full of contradiction.
In view of the findings of fact of both the courts below, this court has very limited jurisdiction in the second revision in the matter relating to findings of fact. This application is accordingly dismissed. It is always open to the petitioner to file a fresh complaint if cause of action so arises.
(S.P.Singh,J)
KHAN
