USHA CHAND Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE case has been placed before the Court today under the heading "To Be Mentioned". Learned counsel for both sides are present.

(2.) AN order in this case was passed on 25.11.2005. The order was dictated in open Court. Before signing the order, it was detected that in the operative portion (last paragraph) inadvertently "I find no merit in the quashing application and the same is hereby dismissed" were written in place of "I find merit in the quashing application and the same is allowed". Accordingly, the order is herewith passed after correcting the mistake," however, the unsigned order would remain on record with my initial in the margin.

(3.) LEARNED counsel for the petitioners submitted that as the title partition suit has been decided by a competent Civil Court in which the donor of Opposite Party No. 2 Shanti Devi was a party, the proceeding under section 145 Cr.P.C. regarding the same property would be an abuse of the process of Court and should be quashed.