NIKHIL MALHOTRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners; learned A.P.P. for the State and learned counsel for the opposite party no. 2.

(2.) The Court finds that the present application is not maintainable as the complainant has not been made a party.

(3.) Learned counsel for the petitioners submitted that he has made the Company, of which the complainant was the owner, a party. The Court finds such stand to be thoroughly misconceived. It is an absurd preposition that a party will choose whom to make party, especially in a case which has been filed being aggrieved by a complaint case filed by any other party. It is not the discretion of the person who assails such filing of the complaint case as to whom he will make a party, for the law requires that the person who has filed the complaint, to which there is challenge, has to be mandatorily made a party.