IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.6636 of 2009
MD. IMTAZ son of Md. Khalil, resident of village-Chamaraganj, P.S.
Jhanjharpur, District- Madhubani. ....Petitioner
Versus
1. THE STATE OF BIHAR &
2. Birju Sah, son of Mahabir Sah, resident of village + PO Chamauraganj, P.S.
Jhanjharpur,
3. Pramod Chandra Das son of late Radha Balabh Das, resident of village + PO-Simra,
P.S. Jhanjharpur, District- Madhubani,
4. Hareram Ray, son of late Chaturbhuj Ray, resident of village- Jhanjharpur, P.O.
Jhanjharpur, District- Madhubani &
5. Madan Rao, PHED Jhanjharpur, Assistant Engineer, Jhanjharpur, District- Madhubnai
...Opposite Parties
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2/ 23.8.2010 Heard the parties.
The petitioner, who is the informant of Complaint Case
No. C. R. No.45 of 1996, is aggrieved by the order dated 12.11.2008
passed the Judicial Magistrate, 1st class, Jhanjharpur, by which he
has allowed the application filed under section 204 Cr. P. C.
From the impugned order it appears that initially such an
application was disallowed by the previous incumbent and thereafter
process were stayed by the impugned order.
I am of the view that this is completely illegal order since
the courts below do not have any jurisdiction to recall their earlier
order nor to stay the process once cognizance has been taken.
In view of such, this application is allowed and the order
dated 12.11.2008 passed by the Judicial Magistrate, 1st class,
Jhanjharpur, in C. R. No. 45 of 1996/ Tr. No. 649 of 1998 is hereby
set aside.
Application stands allowed.
JA/- (Anjana Prakash, J.)