HIRA PANDIT @ HIRA PRAJAPATI vs The State of Bihar
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59878 of 2024
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Hira Pandit @ Hira Prajapati S/O Late Ram Prasad Pandit @ Ramprasad
Pandit R/O Village- Amawan, Post Office- Amawan, P.S- Bodh Gaya, Dist.-
Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate, Gaya. Bihar
3. The Sub Divisional Magistrate, Sadar Gaya, Gaya. Bihar
4. The Circle Officer, Bodh Gaya, Dist.- Gaya. Bihar
5. Vijay Kumar, S/O Rameshwar Prasad R/O Village- Amawan, Post- Amwan,
P.S- Bodh Gaya, Distt.- Gaya.
6. Rameshwar Prasad, S/O Late Thakur Mahto R/O Village- Amawan, Post-
Amwan, P.S- Bodh Gaya, Distt.- Gaya.
7. Pankaj Kumar Diwakar, S/O Surya Kumar Pandey R/O Village- Amawan,
Post- Amwan, P.S- Bodh Gaya, Distt.- Gaya.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Manoranjan Kumar, Advocate
Mr. S.Y.C. Verma, Advocate
Mr. Rudra Pratap Singh, Advocate
For the State : Ms. Asha Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
CAV JUDGEMENT
9 03-09-2026 1. A short question is involved in the instant Criminal
Miscellaneous Case. The petitioner has filed the instant
Criminal Miscellaneous Case, praying for recalling of an order
passed in Cr. Revision No. 206 of 2023 by this Court.
2. It appears from the record that Cr. Revision No.
th
206 of 2023 was disposed of by this Court on 17 of February,
2024, without serving any notice to Private Opposite Party Nos.
5, 6 and 7. Opposite Party No. 5 has filed the instant Criminal
Patna High Court CR. MISC. No.59878 of 2024(9) dt.03-09-2026
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Miscellaneous Case, praying for recalling of the order, dated
th
17 of February, 2024, passed in Cr. Revision No. 206 of 2023
by me.
3. The learned Advocate for the Opposite Party /
Revisionist has appeared on notice and submits that Section 362
of the Code of Criminal Procedure, 1873, does not permit the
Court to recall, modify or set aside the order after it is signed
and finally pronounced.
4. So far as the legal obstacle is concerned, this Court
is perfectly aware of the scope of Section 362 of the Cr.P.C. At
the same time, the issue that come up for consideration before
this Court in the instant Criminal Miscellaneous Case is as to
whether the Court can recall its own order passed wrongly
without serving notice to the private opposite parties.
5. Section 482 of the Cr.P.C. empowers the Court to
pass any order to prevent the abuse of the process of the Court.
If a revisional application is disposed of without serving notice
to the Private Opposite Parties and giving opportunity to them to
submit their case, the impugned order, in my considered opinion
was passed in abuse of the process of the Court.
6. The Hon'ble Supreme Court in SLP (Crl.) No. 4811
of 2025, Brajesh Kumar v. State of Bihar & Ors., was pleased to
Patna High Court CR. MISC. No.59878 of 2024(9) dt.03-09-2026
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set aside a final order passed in revision without serving notice
to the opposite party. Same order was passed by the Hon'ble
Supreme Court in Rambali Sahni v. State of Bihar, reported in
2026 LivLaw (SC) 61 .
7. This Court is concerned on the question as to
whether disposal of a revisional application without serving
notice to the private opposite parties was an abuse of the process
of the Court. The second issue which will automatically come is
as to whether Section 482 Cr.P.C. can be invoked when a final
order is passed in abuse of the process of the Court.
8. It is needless to say that Section 482 is a saving
provision. It saves the inherent power of the criminal Court to
do substantial justice when the Court finds that an order is
inherently bad as it was passed without giving opportunity to the
opposite parties.
9. In my considered opinion under the facts and
circumstances of this case, this Court recalls the order passed in
th
Cr. Revision No. 206 of 2023 on 17 of February, 2024 and
dispose of the Criminal Revision after service of notice upon the
opposite parties. For, this reason, if the opposite parties are
directed to move before the Hon'ble Supreme Court, it will
cause unnecessary harassment to them and judicial process does
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not permit such harassment.
10. For the reasons stated above, this Criminal
Miscellaneous Case is allowed.
11. The order passed in Cr. Revision No. 206 of 2023,
th
on 17 of February, 2024, is recalled.
12. Since the Private Opposite Parties have entered
appearance in the instant Criminal Miscellaneous Case, service
of notice upon them is waived. They are permitted to contest Cr.
Revision No. 206 of 2023 filed by the petitioner/private
opposite party.
(Bibek Chaudhuri, J)
skm/-
AFR/NAFR AFR
CAV DATE 24.08.2026
Uploading Date 03.09.2026
Transmission Date 03.09.2026