Patna High Court
BAUAA NAND RAI @ UPENDRA RAIversusThe State of Bihar, Through The Director General of Police, Bihar, Patna.
- Decided
- Disposal
- DISMISSED
- Bench
- ANSUL
Holding
The High Court dismissed the revision application for lack of jurisdiction to review the order of a coordinate bench.
Summary
The petitioners, Bauaa Nand Rai and Shivji Rai, challenged an order dated 28.05.2022 by the Additional District and Sessions Judge that vacated their possession of land (Khata No. 661, Khesra No. 652) and transferred it to an informant. They filed a criminal revision petition under Section 482 of the CrPC in the Patna High Court, seeking relief and having been granted anticipatory bail. The High Court observed that the petition raised issues of res judicata and constructive res judicata but held that it lacked jurisdiction to entertain a review of an order passed by a coordinate bench. Consequently, the application was dismissed as being devoid of merit. No substantive order on the land possession dispute was made.
Issues considered
- Whether the High Court has jurisdiction to entertain a Section 482 revision of an order passed by a coordinate bench
- Whether the doctrine of res judicata or constructive res judicata applies to the petitioner's challenge
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 385/34, 420, 468, 471, 477
Subjects
- Section 482 CrPC
- jurisdiction
- review petition
- coordinate bench
- res judicata
- anticipatory bail
- land possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46498 of 2022
Arising out of PS. Case No.-659 Year-2021 Thana- RUPASPUR District- Patna
======================================================
1. Bauaa Nand Rai @ Upendra Rai Son of Shivji Rai Resident of village -
Sobarna, P.O.- Sherpur, P.S.- Maner, District - Patna.
2. Shivji Rai Son of Sitablal Rai Resident of village - Sobarna, P.O.- Sherpur,
P.S.- Maner, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Director General of Police, Bihar, Patna.
Bihar
2. The Senior Superintendent of Police, Patna. Bihar
3. The Station House Officer, Rupaspur Police Station, Patna. Bihar
4. Shila Kumari Wife of Kishore Kumar Verma R/o- Bhadeji, P.S.- Mufassil,
District - Gaya, Contact no.- 9431358883, 7368086676.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surj Bansh Roy, Adv.
For the State : Mr. Ashok Kumar Singh, APP
For the informant : Mr. Ram Naresh Singh, Adv.
Shri Anurag Pandey, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
5 12-05-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned Additional Prosecutor for
the State.
2. The petitioners are aggrieved by an order dated
28.05.2022 passed in ABP No. 1061 of 2022 by learned
Additional District and Sessions Judge-VI, Patna in connection
with Rupaspur P.S. Case No. 659 of 2021 registered for the
offences under Sections 477, 468, 471, 420 and 385/34 of the
Indian Penal Code. They are aggrieved with some observations
Patna High Court CR. MISC. No.46498 of 2022(5) dt.12-05-2026
2/2
made in the order of learned Sessions Judge to vacate the land
bearing Khata No. 661, Khesra No. 652 situated at Surya Bihar
Colony behind Paudar Tiles Factory, Rupaspur, Patna from the
possession of the petitioners and to hand over the possession of
the land to the informant.
3. The petitioner has challenged the order in a
criminal case under Section 482. Against the order impugned,
he moved the Hon’ble High Court where he was allowed
Anticipatory bail but no order has been passed on this issue
despite the same being there before the Court. It is worthless to
enter into discussion on Res Judicata and constructive Res
Judicata over here. In the opinion of this Court, the matter ends
there.
4. This Court has no jurisdiction to entertain an
application which calls into question the order of a Co-ordinate
bench impliedly. This application is thus devoid of merit and is
accordingly dismissed.
(Ansul, J)
Vikash/-
U T
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