CHURAI Vs. STATE OF U P

JUDGEMENT

(1.) M. Sharan, J. This is a peti tion under Section 482 Cr. P. C. filed by the petitioners invoking the inherent powers of this Court.

(2.) BRIEF facts are that the opposite party No. 3 Maya Ram filed an application under Section 133 Cr. P. C. in the Court of S. D. M. Lakhimpur Kheri against the petitioners and opposite parties No. 4, 5 and 6 vide Annexure No. 1. Notices were issued to the petitioners and the opposite parties No. 4 to 6 who filed their objection on 10-8-93. On 5-1-94 statements of petitioner Churai, opposite party No. 4 and one another person were recorded by the learned S. D. M. on the next date i. e. 3-2-1995 the applicant- opposite party No. 3 was absent. Hence his application under Section 133 Cr. P. C. dated 4-6-93 was dis missed. He filed an application dated 7-2-95, Annexure No. 7 for recalling the said order of dismissal dated 3-2-95. Notices were ordered to be issued to the petitioners and opposite parties No. 4 to 6 for 1- 3-95. Afterwards the learned S. D. M. passed an order for issuing copies to the petitioners and opposite parties No. 4 to 6. Later on 25-5-95 the application dated 7-2-95 for recalling the order of the Court dated 3-2-95 was rejected. The very next dated on 26-5-95 opposite party No. 3 Maya Ram again moved an application under Section 133 Cr. P. C. on the same facts. Petitioners and opposite parties No. 4 to 6 were again noticed who filed an objection that this second application under Section 133 Cr. P. C. deserves to be dismissed. Learned Magistrate has not decided the said application as yet.