High Court Patna High Court - Orders

Rajendra Prasad & Ors vs State Of Bihar on 17 August, 2011

Patna High Court – Orders
Rajendra Prasad & Ors vs State Of Bihar on 17 August, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr.Misc. No.47623 of 2008
                                Rajendra Prasad & Ors
                                          Versus
                                     State Of Bihar
3   17.8.2011

Counsel for the petitioners is permitted to add the

complainant as opposite party no.2.

This application is dismissed as far as petitioner no.1 is

concerned considering the fact that he had earlier moved this court and

was permitted to withdraw the application to raise his grievances at the

appropriate stage of the case.

Petitioners 2, 3 and 4 are the mother-in-law and brothers-

in-law of the complainant. The complainant’s husband died in the year

2000. It has been submitted that a partition suit is pending between the

parties and the real fight is for partition which according to the

petitioners have already been effected in 1990.

Issue notice to opposite party no.2 by ordinary process. A

copy of the notice should also be filed in the office of this court to be

served on counsel appearing on behalf of opposite party no.2 in

Complaint case No. 502C/2004 through the court of the Subdivisional

Judicial Magistrate, Patna, Requisites etc. for which must be filed

within a period of ten days failing which this application shall stand

dismissed without further reference to a Bench.

List this case on appearance of the opposite party.

In the mean time, further proceedings in the aforesaid case

shall remain stayed as far as it concerns petitioners 2, 3 and 4.

     haque                                              ( Sheema Ali Khan, J.)