PATNA, India, May 29 -- Patna High Court issued the following order on May 1:
Heard the parties.
2. Learned counsel for the petitioner submitted that the dispute between the parties is primarily of civil in nature which has been given criminal color. In this context it is further submitted by learned counsel that petitioners earlier approached before this High Court through Cr. WJC No. 1193 of 2024 wherein it was ordered on 28.02.2025 through its judgment that process initiated under Section 82 of the Cr.P.C. cannot be challenged by invoking the criminal writ jurisdiction of this Court and thereafter the petitioners were given liberty to approach this Court or Session court as the case may be. It is submitted that in view of aforesaid liberty the present quashing petition was preferred by petitioners.
3. Learned counsel for the petitioner submitted that without compliance of provisions of Section 61 to 69 of Chapter VI-A and also without compliance of legal provisions as available under Section 71 to 75 of Chapter VI-B of Code of Criminal Procedure (Cr.P.C.), straightway the process initiated against petitioners under Section 82 of the Cr.P.C.
4. Considering the aforesaid submissions, let operation of impugned order dated 01.07.2023 and onward qua petitioners shall remain stayed till further order.
5. Let notice be issued to opposite party no. 2, for which requisites etc. be filed under both processes, i.e. ordinary as well as registered post with A/D, within a period of two weeks from the date of order.
6. Re-notify this case on 07.07.2025.
Disclaimer: Curated by HT Syndication.
