Baliram Yadav And Ors vs State Of Bihar And Anr on 21 July, 2026

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    Patna High Court

    Baliram Yadav And Ors vs State Of Bihar And Anr on 21 July, 2026

    Author: Chandra Shekhar Jha

    Bench: Chandra Shekhar Jha

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL MISCELLANEOUS No.1961 of 2019
               Arising Out of PS. Case No.-13 Year-2016 Thana- BHORE District- Gopalganj
         ======================================================
    1.    Baliram Yadav, Son of Verma Yadav R/v Sirisiya, Police Station-Bhorey,
          District-Gopalganj.
    2.   Adalat Yadav, Son of Late Shiv Person Yadav R/v Sirisiya, Police Station-
         Bhorey, District-Gopalganj.
    3.   Maya Yadav @ Maya Prasad Yadav, Son of Adalat YadavR/v Sirisiya, Police
         Station-Bhorey, District-Gopalganj.
    4.   Umesh Yadav @ Umesh Kr. Yadav, Son of Adalat Yadav. R/v Sirisiya,
         Police Station-Bhorey, District-Gopalganj.
    5.   Haresh Yadav, Son of Adalat Yadav R/v Sirisiya, Police Station-Bhorey,
         District-Gopalganj.
    6.   Rita Devi, Wife of Balaram Yadav R/v Sirisiya, Police Station-Bhorey,
         District-Gopalganj.
                                                              ... ... Petitioner/s
                                       Versus
    1.   The State Of Bihar
    2.    Raj Pati Devi, Wife of Paran Yadav, Resident of Village-Sirisiya, Police
          Station- Bhorey, District- Gopalganj.
                                                           ... ... Opposite Party/s
         ======================================================
         Appearance :
         For the Petitioner/s     :       Mr. Javed Aslam, Adv.
         For the Opposite Party/s :       Mr. Dilip Kumar no. 1, APP
         ======================================================
         CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                              ORAL JUDGMENT

    Date : 21-07-2026

    1. Heard the parties.

    SPONSORED

    2. The present quashing petition has been

    preferred to quash the order dated 26.07.2018 passed in Cr.

    Revision No. 952 of 2017 as passed by the learned

    Additional Sessions Judge-VIII, Gopalganj through which the

    order dated 03.05.2017 passed by the learned A.C.J.M.-XII,

    Gopalganj in Bhorey P.S. Case No. 13 of 2016, Trial No.
    Patna High Court CR. MISC. No.1961 of 2019 dt.21-07-2026
    2/5

    1505 of 2017 was affirmed through which the learned

    Magistrate was pleased to took cognizance against

    petitioners under Section 435 of IPC.

    3. As per prosecution case, Ramapati Devi filed a

    complaint alleging that on 02.07.2015 at about 3:00 a.m.,

    the accused persons abused her, set her hut on fire by

    sprinkling kerosene, assaulted her daughter-in-law and

    grandsons, and caused a loss of about ₹3 lakh. Despite

    informing Bhorey Police Station, no action was taken, so she

    filed a complaint, leading to the registration of Bhorey P.S.

    Case No. 13/2016 for investigation.

    4. Police after investigation submitted closure

    report/ final form against petitioners.

    5. On 16.01.2017 the O.P. No. 2 filed protest-

    cum-complaint petition before learned trial court where

    learned trial court, pleased to take cognizance for the offence

    punishable under section 435 of the IPC after examining five

    inquiry witnesses, which was challenged before the learned

    Session Judge and was dismissed through impugned order

    dated 26.07.2018 affirming the order of learned CJM,
    Patna High Court CR. MISC. No.1961 of 2019 dt.21-07-2026
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    Gopalganj without going into the merit.

    6. Learned counsel for the petitioners raised sole

    ground that impugned order of revision through which the

    cognizance taken by learned CJM, Gopalganj, for the offence

    punishable under section 435 of the IPC, was approved is

    perverse for the reason that same was passed without

    assigning any reason.

    7. It is submitted that there is no absolute bar

    that quashing petition under Section 482 of Cr.P.C. not be

    preferred against revision order, in view of Section 397(3) of

    Cr.P.C. Learned counsel in support of his submission relied

    upon para-5 of the judgment of Hon’ble Supreme Court as

    available through Kailash Verma Vs. Punjab State Civil

    Supplies Corporation and Another, [(2005) 2 SCC

    571], which is as under:-

    5. It may also be noticed that this Court in
    Rajathi v. C. Ganesan, [(1999) 6 SCC 326]
    said that the power under Section 482 of the
    Criminal Procedure Code has to be exercised
    sparingly and such power shall not be utilised as
    a substitute for second revision. Ordinarily, when
    a revision has been barred under Section 397(3)
    of the Code, the complainant or the accused
    cannot be allowed to take recourse to revision
    before the High Court under Section 397(1) of
    the Criminal Procedure Code as it is prohibited
    under Section 397(3) thereof. However, the High
    Court can entertain a petition under Section 482
    of the Criminal Procedure Code when there is
    Patna High Court CR. MISC. No.1961 of 2019 dt.21-07-2026
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    serious miscarriage of justice and abuse of the
    process of the court or when mandatory
    provisions of law are not complied with and when
    the High Court feels that the inherent jurisdiction
    is to be exercised to correct the mistake
    committed by the revisional court.

    8. In view of aforesaid it would be apposite to

    reproduce para no. 3, 4 and 5 of the impugned judgment,

    which is as under:-

    3. It has been submitted on behalf of the
    revisionist that the order passed by the learned
    lower Court, dated 03-05-17 is bad in the eye of
    law and learned lower Court has not applied his
    judicial mind at the time of passing of the order. It
    has further submitted that after perusal of the
    deposition of enquiry witnesses it is clearly found
    that no allegation made out U/s. 435 of the I.P.C.
    against the revisionists and hence, order dated 3-5-
    17 as passed by the learned lower Court is liable to
    be set aside by allowing this revision.

    4. I have gone through the entire materials facts of
    the case and on its perusal I find that the order,
    dated 3-5.17 as passed by learned A.C.J.M.XII,
    Gopalganj in Bhorey P.S.case No. 13/16 /Trial no.

    1505/17 is correct, legal and I find no any
    infirmities and illegalities in the impugned order
    dated 3.5.17 and hence, the same is fit to be
    sustained and confirmed and this Revision petition
    is liable to be dismissed.

    5. In the result, the order, dated 03.05.17 as
    passed by Learned A.C.J.M.XII, Gopalganj in Trial
    No. 1505/17 is hereby sustained and confirmed and
    this revision petition of the revisionists is hereby
    dismissed. O/c is directed to send back the case
    record to the concern Court along with this order
    for
    information and needful.

    9. Taking note of aforesaid, it is convincing to this

    Court that impugned order of revision dated 26.07.2018

    affirming the cognizance order as passed by learned CJM,

    Gopalganj for offence punishable under section 435 of the
    Patna High Court CR. MISC. No.1961 of 2019 dt.21-07-2026
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    IPC against petitioners is without supplying any reason,

    therefore, same is set aside with the direction to the learned

    revisional court to pass a fresh order supplying reason. The

    principle of “Cessante ratione legis cessat ipsa lex” must

    be followed.

    8. Let a copy of this judgment be sent to the

    learned trial court forthwith, with TCR, if any.

    (Chandra Shekhar Jha, J)
    Sudha/-

    AFR/NAFR                NAFR
    CAV DATE                NA
    Uploading Date          21.07.2026.
    Transmission Date       21.07.2026.
     



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