SYED SABIR HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioners are the 1st party. The possession of the 2nd party was declared vide order, dated 31.12.1997 which was challenged by the Petitioners by filing Criminal Revision No. 13/1998 which was disposed of on 3.8.1998 remanding the matter back for a fresh decision in accordance with law by allowing the Petitioners to cross examine the witnesses of the 2nd party.

(2.) After the remand the records reached the court of the Executive Magistrate, Saran on 17.12.1998. Notices were issued to the parties. The Petitioners and the opposite party appeared for the first time on 16.6.1999. On 16.6.1999 it is said that the Petitioners filed an application for recall of the witnesses of the 2nd party-opposite party before the court. The court has recorded the order stating that the 1st party has prayed that time may be fixed for examining the witnesses. There appears to be some confusion in the order, dated 16.6.1999 as it indicates that the Petitioners were praying that a date should be fixed for producing their witnesses, wherein it is specifically stated and submitted that the Petitioners have already examined their witnesses and, therefore, there was no question of reexamining them as it would be beyond the scope of the remand order. Again on 4.4.2000 the Petitioners filed a petition that a date may be fixed for recalling the witnesses, whereas the 2nd party-opposite party filed a petition for closing the case.

(3.) By order, dated 19.4.2000 the Executive Magistrate dismissed the petition filed on behalf of the Petitioners on the ground that the Petitioners had taken one year and four months in filing the petition for recall of the witnesses of the 2nd party which is actually an error of record. Likewise the Revision Application No. 148/2000 was also dismissed for the same reasons.