PHULMATIYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Re: I.A. No. 2001 of 2018

(2.) Consequently, we find that the nature of the jurisdiction exercised by the learned Single Judge was one of criminal jurisdiction even though the writ petition was captioned as a Civil Writ Petition.

(3.) The entire procedure for enforcement of an order under Sec. 133 Cr.P.C. is provided for in terms of Sec. 134 to Sec. 144 of the Criminal Procedure Code. This procedure, therefore, has to be followed by any Magistrate before proceeding to enforce an order. The appellants contend that before initiating or even concluding the proceedings of Sec. 133 Cr.P.C. under the order dtd. 4/2/2010 the appellants have not been served with any notice and the proceedings were ex parte.