KRISHNA PRASAD Vs. SUSHILA DEVI

JUDGEMENT

(1.) THIS application on behalf of opposite parties have been filed for recalling the order dated 20 -5 -87 passed by a Bench of this Court in Criminal Revision No. 735 of 1983 by which the revision application has been allowed. It may be mentioned that opposite party No.1 is the wife of the opposite party No.2, who appears in person in this case.

(2.) THE petitioners before this Court filed Criminal Revision No. 735. of 1983 for quashing the order dated 16 -8 -1983 passed by Shri Bankey Bihari Prasad, Executive Magistrate, Sadar Gaya in Miscellaneous Case No. 837/75, a proceeding under Section 145 of the Criminal Procedure Code (hereinafter to be referred as the Code) by which the learned Magistrate on the application file by the opposite parties restored the proceeding under Section 145 of the Code which bad been dropped by him on 22 -1 -1983 on the ground of non -existence of breach of peace. This Criminal Revisions was admitted on 21 -9 -1983 and thereafter it appears that it was listed for hearing on several dates and ultimately it was disposed of by a Single Judge Bench of this Court by order dated 20 -5 -1987 which runs as follows:

(3.) SRI Lalit Kishbore, Advocate, who appeared on behalf of the petitioners, vehemently opposed the prayer of the opposite parties and has submitted that once a final order is passed by the Court it cannot be reviewed. He has placed reliance on Section 362 of the Code which reads as follows: