SONELAL CHOUDHARY SON OF JAMUN CHOUDHARY AND ORS Vs. STATE OF BIHAR AND RAM KRISHNA CHOUDHARY SON OF LATE MANGAL CHOUDHARY

JUDGEMENT

(1.) Seven petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 8.10.1999 passed by the 4th Additional Sessions Judge, Begusarai in Cr. Appeal No. 20 of 1998. By the said order, the learned Additional Sessions Judge had confirmed the order dated 5.8.1997 passed by the Executive Magistrate, Begusarai in Case No. 459 M of 1996. By the said order, after conducting enquiry under Section 116 of the Code of Criminal Procedure, the learned Magistrate had directed for getting a bond executed by the petitioners under Section 107 of the Code of Criminal Procedure.

(2.) Short fact of the case is that on the basis of a petition filed on behalf of opposite p y No. 2, a proceeding under Section 107 of the Code of Criminal Procedure was initiated. Earlier on the petition filed by opposite party No. 2, two proceedings were initiated, which were numbered as Case No. 459 M of 1996 and 683 M of 1996. After issuance of notice, the petitioners appeared before the learned Magistrate and made a prayer for amalgamating both the cases i.e. Case Nos. 459 M of 1996 and 685 M of 1998 on the ground that both the proceedings were initiated for the same cause. The learned Sub Divisional Magistrate accepting the prayer made on behalf of the petitioners, who were second party in the proceeding before the Magistrate, passed an order for amalgamating the case and thereafter, Case No. 683 M of 1996 was amalgamated with record of Case No. 459 M of 1996 and next date was fixed to 16.12.1996. On 16.12.1996, though first party had filed his attendance, none appeared on behalf of second party and as such the learned Magistrate directed for issuance of warrant of arrest and finally, by order dated 5.8.1997, after conducting enquiry under Section 116 of the Code of Criminal Procedure, the learned Magistrate was satisfied to direct the second party to execute bond of Rs. 2,000/ - for maintaining peace for a period of one year.

(3.) Aggrieved with the order dated 5.8.1997, the petitioners filed an appeal vide Cr. Appeal No. 20 of 1998, which was rejected by the 4th Additional Sessions Judge, Begusarai on 8.10.1999. Against the order of rejection of appeal, the petitioners approached this Court by filing the present petition. On 14.3.2000, while issuing notice to opposite party No. 2 and calling for the Lower Court Records, this Court directed that in the meantime, warrant of arrest, if not already executed, shall remain stayed and thereafter on 29.9.2000, the case was admitted for hearing. It was observed that in the meantime, the stay granted earlier shall continue.