IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20411 of 2007
1.SHAMBHU KUMAR @ SHAMBHU YADAV, son of
Rambalak Yadav,
2.Smt. Pancha Devi, W/o Rambalak Yadav
3.Sheela Kumari, unmarried daughter of Rambalak Yadav,
4.Rambalak Yadav, son o9f Late Sukhdeo Yadav,
5.Shankar Kumar @ Shankar Yadav, son of Rambalak Yadav
6.Santosh Kumar @ Santosh Yadav, son of Rambalak Yadav
All resident of E.C.C. flat Kadma, Quarter No.254 A, P.O.
Kadama, P.S. Kadama, Jamshedpur Town, District Singhbhum.
7.GTanesh Prasad, son of Ram Ratan Sah, Moh. E.C.C. flat
Kadama, Quarter NO.253 A, P.O.+P.S. Kadma, Jamshedpur town,
District Singhbhum.
Versus
1.STATE OF BIHAR
2.Devendra Prasad Yadav, son of Sri Balmiki Yadav, resident of
village Mahendra pur, P.S. Hathidah, District Patna, presently
residing in the house of Ramashish Yadav, village Makera, gopkita,
Mamarkhabad, P.S. Pandark, District Patna.
3.Smt. Kumkum Devi, w/o Devendra Prasad Yadav, and daughter
of Ramashish Yadav, resident of village Makera, Gopkita,
Mamarkhabad, P.S. Pandark, District Patna.
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7 11.8.2010 Heard counsel for the petitioners and counsel for the
State.
Despite repeated notice being served on opposite party
nos. 2 and 3 they have not chosen to be represented in this case.
From the office note it would appear that the notices
were served on the opposite party no.2 and he has also filed
Vakalatnama. He is, however, not represented before this Court
today when this case has been called out and heard.
The service report as against opposite party no.3 is that
there was no trace of her on the disclosed address. Opposite party
no.3 is no one else but the wife of opposite party no.2 and
therefore it becomes clear that both the opposite party nos. 2 and 3
being hands in glove are methodically and systematically ensuring
2
delay in disposal of this case.
In that view of the matter, this application is now
admitted for final hearing.
Let fresh notice be issued only against opposite party
no.3 for which requisites etc. both under ordinary process and
registered cover must be filed within a week from today, failing
which this application as against the concerned opposite party
shall stand rejected without further reference to a Bench. The
notice under ordinary process on opposite party no.3 shall be
served by the court below on her counsel appearing in the pending
complaint case and the court below shall submit the service report
within four weeks of receipt of notice from this Court.
Pending final disposal of this application, further
proceeding of Complaint Case No. 3212 © of 2005 pending in the
Court of Sri Shobha Kant Mishra, Judicial Magistrate, 1st Class,
Patna, shall remain stayed.
Let this order be communicated through FAX if its
cost is deposited by counsel for the petitioner.
Abhay Kumar ( Mihir Kumar Jha, J.)