Syed Mohabbat Raza v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.224 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Syed Mohabbat Raza son of Dr. Syad Imam Raza Abroo, Resident of Kamra Mohalla Chandwara, P.S. Muzaffarpur, District Muzaffarpur. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Khushi Rizvi, D/o Shamsher Ali, Resident of Madrapali, P.S.- M.H. Nagar, District- Siwan.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Ranjan Singh, Advocate For the Respondent/s :

Mr.Smt Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-02-2020 By the impugned order dated 21.11.2017 the petitioner has been deprived of his right to file a reply/show cause in the Misc. Case No. 118 of 2014 which arises out of an application under Section 125 Cr.P.C.

Learned counsel for the petitioner submits that the petitioner could not appear in the said proceeding because the notices were not duly served upon him. The case has been fixed for ex-parte hearing and if the ex-parte order is passed it would prejudice the petitioner without giving appropriate opportunity of hearing. It is submitted that in order to do substantial justice, an opportunity be granted to the petitioner to submit his show cause and for this purpose the petitioner would be ready and willing to pay some cost to the opposite party no. 2. No one appears on behalf of the opposite party no. 2

Patna High Court CR. REV. No.224 of 2018(9) dt.06-02-2020 2/2 to oppose this application.

Learned counsel for the petitioner submits that the opposite party no. 2 has already married to someone else and is residing with him.

Be that as it may, in the interest of justice this Court sets-aside the impugned order dated 21.11.2017 passed in Misc. Case No. 118 of 2014 subject to payment of cost of Rs. 5000/- (five thousand) to opposite party no. 2. The cost will be paid simultaneously with the filing of the show cause within a period of fifteen days from today. If the show cause is not filed within the given period, the court below shall proceed from the earlier stage, however, on filing of show cause the case shall proceed from the stage of filing of the show cause giving adequate opportunity to both the parties to contest the matter if so desire.

This application is allowed to the extent indicated above.

(Rajeev Ranjan Prasad, J) avin/- U T