Sunita Devi vs The State Of Bihar And Ors on 20 July, 2026

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    Patna High Court

    Sunita Devi vs The State Of Bihar And Ors on 20 July, 2026

    Author: Chandra Shekhar Jha

    Bench: Chandra Shekhar Jha

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL MISCELLANEOUS No.1493 of 2019
         Arising Out of PS. Case No.-1669 Year-2015 Thana- PURNIA COMPLAINT CASE District-
                                                  Purnia
         ======================================================
         Sunita Devi Baiju Yadav @ Binod Yadav Resident of Navtolia Pipra
                                                                 ... ... Petitioner/s
                                          Versus
    1.    The State Of Bihar
    2.   Rana Yadav late Sukhdev Yadav resident of Navytolia Pipra
    3.   Babli Yadav @ Bablu Yadav Rana Yadav Bihar
    4.   Pappu Yadav Rana Yadav resident of Navytolia Pipra
                                                ... ... Opposite Party/s
         ======================================================
         Appearance :
         For the Petitioner/s     :      Mr. Ajit Kumar Singh, Adv
         For the Opposite Party/s :      Sri. Ganesh Prasad Singh, APP
         ======================================================
         CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
         ORAL JUDGMENT
         Date : 20-07-2026
    
                           Heard the parties.
    
                           2. The present application has been filed for quashing
    
          the order dated 15.09.2018, passed by learned Sessions Judge,
    
          Purnea in Cr. Rev. No. 103/2018, CIS No. 103/2018 by which
    
          revision petition of the petitioner was dismissed and order dated
    
          08.06.2018

    was affirmed as passed by learned CJM, Purnea in

    Complaint Case No. 1669/2015, whereby learned CJM, Purnea has

    SPONSORED

    dismissed the complaint petition.

    3. The brief facts of the case is that the petitioner has

    filed a complaint case bearing No. 1669/2018 in the court of learned

    CJM, Purnea alleging that on 18.05.2015 at about 11:00 PM O.P. No.

    2 committed rape upon the complainant by pointing dagger, while

    her husband had gone to see his maize crops in nearby field. After
    Patna High Court CR. MISC. No.1493 of 2019 dt.20-07-2026
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    hearing the hue and cry fellow villagers and complainant’s husband

    came at the place of occurrence and apprehended O.P. No. 2, but in

    the meantime accused no. 3 and 4 along with other 5-6 unknown

    accused persons came to the house of the complainant and assaulted

    her, her husband and villagers and by threatening and showing arms

    rescued O.P. No. 2.

    4. After dismissal of the complaint petition of the petitioners

    under Section 203 of the Cr.P.C. a revision was filed against the

    aforesaid order, which was registered before the Sessions Judge

    Purnea as Cr. Rev. No. 103/2018, which was also dismissed. It

    appears from the revisional order that it is not a perverse order which

    requires interference of this Court to secure the ends of justice,

    exercising power under Section 482 of the Cr.P.C.

    5. Entertaining of this quashing petition is also amounts to

    second revision, which is not permissible under law. This court relied

    upon the judgment of Hon’ble Supreme Court as available through

    Kailash Verma Vs. Punjab State Civil Supplies Corporation and

    Another, [(2005) 2 SCC 571].

    6. It would be apposite to reproduce para-5 of the Kailash

    Verma Case (supra), 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
    Patna High Court CR. MISC. No.1493 of 2019 dt.20-07-2026
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    Section 482 of the Criminal Procedure Code when there is 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.

    7. This court also relied upon the judgment of Hon’ble

    Supreme Court as available through Pepsi Foods Ltd. & Another

    Vs. Special Judicial Magistrate & Others, [(1998) 5 SCC 749],

    where it would be further apposite to reproduce para-29 of the Pepsi

    Foods Ltd. & Another Case (supra), which is as under:-

    “29. No doubt the Magistrate can discharge the accused at any
    stage of the trial if he considers the charge to be groundless, but
    that does not mean that the accused cannot approach the High
    Court under Section 482 of the Code or Article 227 of the
    Constitution to have the proceeding quashed against him when
    the complaint does not make out any case against him and still he
    must undergo the agony of a criminal trial. It was submitted
    before us on behalf of the State that in case we find that the High
    Court failed to exercise its jurisdiction the matter should be
    remanded back to it to consider if the complaint and the evidence
    on record did not make out any case against the appellants. If,
    however, we refer to the impugned judgment of the High Court it
    has come to the conclusion, though without referring to any
    material on record, that “in the present case it cannot be said at
    this stage that the allegations in the complaint are so absurd and
    inherently improbable on the basis of which no prudent man can
    ever reach a just conclusion that there exists no sufficient ground
    for proceedings against the accused”. We do not think that the
    High Court was correct in coming to such a conclusion and in
    coming to that it has also foreclosed the matter for the Magistrate
    as well, as the Magistrate will not give any different conclusion
    on an application filed under Section 245 of the Code. The High
    Court says that the appellants could very well appear before the
    court and move an application under Section 245(2) of the Code
    and that the Magistrate could discharge them if he found the
    charge to be groundless and at the same time it has itself returned
    the finding that there are sufficient grounds for proceeding
    against the appellants. If we now refer to the facts of the case
    before us it is clear to us that not only that allegation against the
    appellants do not make out any case for an offence under Section
    7 of the Act and also that there is no basis for the complainant to
    make such allegations. The allegations in the complaint merely
    show that the appellants have given their brand name to
    “Residency Foods and Beverages Ltd.” for bottling the beverage
    “Lehar Pepsi”. The complaint does not show what is the role of
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    the appellants in the manufacture of the beverage which is said to
    be adulterated. The only allegation is that the appellants are the
    manufacturers of bottle. There is no averment as to how the
    complainant could say so and also if the appellants manufactured
    the alleged bottle or its contents. His sole information is from
    A.K. Jain who is impleaded as Accused 3. The preliminary
    evidence on which the first respondent relied in issuing summons
    to the appellants also does not show as to how it could be said
    that the appellants are manufacturers of either the bottle or the
    beverage or both. There is another aspect of the matter. The
    Central Government in the exercise of their powers under Section
    3
    of the Essential Commodities Act, 1955 made the Fruit
    Products Order, 1955 (for short “the Fruit Order”). It is not
    disputed that the beverage in question is a “fruit product” within
    the meaning of clause (2)(b) of the Fruit Order and that for the
    manufacture thereof certain licence is required. The Fruit Order
    defines the manufacturer and also sets out as to what the
    manufacturer is required to do in regard to the packaging,
    marking and labelling of containers of fruit products. One of such
    requirements is that when a bottle is used in packing any fruit
    products, it shall be so sealed that it cannot be opened without
    destroying the licence number and the special identification mark
    of the manufacturer to be displayed on the top or neck of the
    bottle. The licence number of the manufacturer shall also be
    exhibited prominently on the side label on such bottle [clause (8)
    (1)(b)]. Admittedly, the name of the first appellant is not
    mentioned as a manufacturer on the top cap of the bottle. It is not
    necessary to refer in detail to other requirements of the Fruit
    Order and the consequences of infringement of the Order and to
    the penalty to which the manufacturer would be exposed under
    the provisions of the Essential Commodities Act, 1955. We may,
    however, note that in Hamdard Dawakhana (Wakf) v. Union of
    India
    ? an argument was raised that the Fruit Order was invalid
    because its provision indicated that it was an Order which could
    have been appropriately issued under the Prevention of Food
    Adulteration Act, 1954
    . This Court negatived this plea and said
    that the Fruit Order was validly issued under the Essential
    Commodities Act
    . What we find in the present case is that there
    was nothing on record to show if the appellants held the licence
    for the a manufacture of the offending beverage and if, as noted
    above, the first appellant was the manufacturer thereof. “

    8. In view of the aforesaid factual and legal submission, as

    the complaint of petitioner before the learned trial court was

    dismissed under Section 203 of the Cr.P.C. with a reasoned order,

    which was challenged before learned Sessions Judge, which also
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    approved by revisional order supplying reason. Therefore, impugned

    order of revision cannot be said perverse to the extent as to compel

    this Court to exercise its inherent power in view of Kailash Verma

    Case (supra).

    9. Accordingly, the aforesaid impugned order need not be

    interfered with.

    10. The present petition stands dismissed.

    11. Let a copy of this judgment be sent to the learned trial

    court forthwith.

    (Chandra Shekhar Jha, J.)
    S.Tripathi/-

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



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