LAWS(PAT)-2001-8-20

BISHWANATH SINGH Vs. STATE OF BIHAR

Decided On August 16, 2001
BISHWANATH SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure (in short "the Code") preferred by the petitioner Bishwanath Singh against the State of Bihar and five others including opposite party No. 2, Amitav Singh against the impugned order dated 17.9.1996 recorded by learned Sub -Divisional Magistrate, Aurangabad by which a proceeding under Section 144 of the Code (Case No. 1112 of 1996) was converted into a proceeding under Section 145 of the Code, further directing the parties to file their written statement.

(2.) FROM perusal of the record it will appear that earlier notices were ordered to be issued while the case was at the admission stage but this case was admitted for hearing by order dated 29.8.1997 with a direction to issue notices to opposite party Nos. 3 to 6 for which processes were ordered to be filed within one week failing which, as against them, this application was to stand dismissed without reference to bench. No notice was issued to opposite party No. 2, since he had appeared in the case by then. It appears that the aforesaid direction was not complied by the petitioner and by virtue of the aforesaid order, this application stood dismissed against opposite party Nos. 3 to 6, who were arrayed as opposite parties being the third party in the lower Court.

(3.) IN course of argument learned counsel for the petitioner submitted that opposite party No. 2 claimed through his mother Bimla Devi, who along with the petitioner was party in title suit No. 77 of 1988, pending in the Court of Sub -Judge, Aurangabad which, as submitted, is still pending.