YOGENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application filed under Section 482 of the Code of Criminal Procedure (in short, 'the Code') has come up for admission. In this petition a prayer has been made for recalling my order dated 29.7.1999 disposing of Cr. Revision No. 659 of 1995. The said order was passed under the following circumstances.

(2.) From the record it appears that a proceeding under Section 145 of the Code was started before the Executive Magistrate, Hajipur, Vaishali (Case No. M-790/77). In the said case the evidence to be adduced on behalf of the present petitioners was closed by the learned Executive Magistrate by his order dated 1.9.1993. Against this order the present petitioners filed Cr. Revision No. 288 of 1993 before the Sessions Judge, Vaishali. The said Criminal Revision came up for admission before the learned Sessions Judge, Vaishali at Hajipur. It was disposed of by an order dated 19.5.1994 by which the order dated 1.9.1993 passed by the learned Executive Magistrate was set aside and the learned Magistrate was directed to give the petitioners an opportunity to produce the witness for his cross-examination and also to produce other witnesses for their evidence on payment of a cost of Rs. 50/-. In accordance with this order passed by the learned Sessions Judge, the Executive Magistrate by his order dated 21.10.1995 directed the present petitioners to produce their witnesses before him. It may be mentioned here that the present petitioners were also the petitioners in Cr. Revision No. 288/ 93 before the learned Sessions Judge. Against the order passed on 21.10.1995 by the Executive Magistrate to produce the witness the present opposite party Nos. 2 to 4 filed Cr. Revision No. 659 of 1995 before this Court. It was heard and disposed of by my order dated 29.7.1999. I quashed the order dated 21.10.1995 passed by the learned Executive Magistrate to produce witnesses and allowed the Criminal Revision application. It is for the recalling of the aforesaid order that the present Criminal Miscellaneous case has been filed.

(3.) It has been submitted that from the facts aforesaid the learned Executive Magistrate had recalled his previous order dated 1.9.1995 closing the case of the present petitioners. As noticed above this order was set aside by the learned Sessions Judge in Criminal Revision No. 288 of 1993 by which he directed the learned Executive Magistrate to allow the petitioner on opportunity to produce the witness for his cross-Oexamination as also to adduce further evidence on payment of Rs. 50/- as cost. There is nothing on the record to show that this cost was deposited. In any view of the matter it appears that in pursuance of this order passed by the learned Sessions Judge, the learned Executive Magistrate passed an order on 21.10.1995 by which he allowed the present petitioners to adduce further evidence. However, by the order passed by me in Cr. Revision No. 659 of 1995, I had quashed the order of the learned Magistrate dated 21.10.1995 by which he had allowed the present petitioners to adduce further evidence. It is for the recall of my order dated 29.7.1999 passed in Cr. Revision No. 659 of 1995 that the present petition has been filed.