SAYED RAZA ABBAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Despite repeated call, none appeared on behalf of the petitioner.

(2.) In this case, while issuing notice to opposite party No. 2 vide Order dated 22.12.1998, this Court also directed that in the meanwhile, operation of the order dated 21.9.1998 passed by Sri Narendra Kumar Srivastava, Vth Additional Sessions Judge, Siwan in Cr. Revision No. 289 of 1995/42 of 1997 shall remain stayed. Despite valid service of notice, none appeared on behalf of the opposite party No. 2 and thereafter, by order dated 23.4.1999, the petition was admitted for hearing and at the stage of hearing also, notice was ordered to be issued to opposite party No. 2. Even at the time of hearing, the opposite party No. 2 has not appeared. It was further directed that till further order is passed, the interim order passed on 22.12.1998 shall continue. A stay order is still continuing.

(3.) Four petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of order dated 21.9.1998 passed by 5th Additional Sessions Judge, Siwan in Cr. Revision No. 289 of 1995/42 of 1997. By the said order, the learned Additional Sessions Judge had set aside the order dated 17.5.1995 whereby complaint petition was dismissed by the Judicial Magistrate. While setting aside the order dated 17.5.1995, the learned Additional Sessions Judge ordered to remit back, the case for summoning the accused/petitioner and also directed for holding and concluding trial expeditiously.