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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.379 of 2023 Arising Out of PS. Case No.-615 Year-2022 Thana- DHAKA District- East Champaran ======================================================
1. Jakir Hussain S/O Mobarak Hussain, R/O Village-Chainpur Dhaka, P.S.- Dhaka, Dist.-East Champaran
2. Mobarak Hussain S/O Late Rafakat Hussain, R/O Village-Chainpur Dhaka, P.S.-Dhaka, Dist.-East Champaran ... ... Petitioner/s Versus
1. The State of Bihar
2. Shahina Khatoon W/O Dabir Ala, R/O Village- Chainpur Dhaka, P.S.- Dhaka, Dist.-East Champaran ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Anang Mohan Sinha, Advocate For the O.P. No. 2 : Mr. Z. Haider, Advocate For the State : Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 9 04-02-2025 The instant criminal revision has been filed challenging an order dated 15th March 2023 passed by the learned Additional Sessions Judge, VIth Court Cum Special Judge POCSO, Motihari, East Champaran, rejecting the petition dated 27th January 2023 under Section 228(1) of the CrPC.
2. It is submitted by the learned Advocate appearing on behalf of the O.P. No. 2 that after dismissing the application under Section 228(1) of the CrPC, charge has been framed on various offences under the IPC, Section ¾ of the Dian Act, as well as Section 6 of the POCSO Act. The trial of the case has been initiated, and two witnesses have already been examined.
Patna High Court CR. REV. No.379 of 2023(9) dt.04-02-2025 2/2 At this stage, the order under Section 228(1) of the CrPC cannot be challenged.
3. I am in conformity with the submission made by the learned Advocate appearing on behalf of the O.P. No. 2 since the trial of the case has commenced and the accused/petitioners have taken part in the trial; the instant revision is not maintainable. Accordingly, the revisional application is dismissed.
Suraj Dubey/- (Bibek Chaudhuri, J) U T