SHAMBHU PRASAD MANDAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the parties. With the consent of the parties this matter is being disposed of at the admission stage itself.

(2.) THIS application by the petitioners has been filed for quashing order dated 8.1.98 passed by ACJM, Sheikhpura in Complaint Case No. 165(C) of 1996 by which he was recalled his earlier order dated 30.7.97.

(3.) THE case of the petitioners is that on an earlier occasion one Karuna Kumari had lodged a similar complaint against the petitioners and her complaint was numbered as Complaint Case No. 75(C) of 1995 (Annexure -2) which was sent to local police for instituting a case and for investigation and Sheikhpura P S Case No. 216/95 was instituted. In that case the petitioners have been granted anticipatory bail (Annexure -3). Another case of the similar nature was also filed by one Yantri Yadav against the petitioners and all those others who are accused in Sheikhpura P S Case No. 216/95 and this complaint by Yantri Yadav was numbered as Complaint Case No. 144(C)/96 and learned ACJM, Sheikhpura by his order dated 28.10.96 has been pleased to stay the proceeding of Complaint Case No. 144(C)/96 and this case has been tagged with the record of Sheikhpura P S Case No. 216/95 - (An -nexure -4). According to the petitioners, in his order dated 30.7.97 the learned ACJM has observed that the matter involved in the Complaint Case No. 165(C)/96 is of the same nature as that of Sheikhpura P S case No. 216/95 in which another Complaint Case No. 144(C)/96 has already been amalgamated and with this observation he passed an order that final order in Complaint Case No. 165(C) of 1996 will be passed after receipt of final form in Sheikhpura P S Case No. 216/95 but thereafter by the impugned order he recalled this order. The grievance of the petitioners is that once order dated 30.7.97 had already been passed by the ACJM, he could not have recalled this order subsequently by the impugned order which is not permissible under section 362 of the Code of Criminal Procedure (in short, Cr. P.C.).