IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.37867 OF 2009 GOPAL SHARAN SINHA, SON OF LATE BHAWANI PRASAD, RESIDENT OF MOHALLA KOERIBARI NADARGANJ, POLICE STATION CIVIL LINES, TOWN AND DISTRICT GAYA VERSUS 1. THE STATE OF BIHAR 2. BINDUBALA SINHA, WIFE OF UPENDRA NATH ROY, RESIDENT OF MOHALLA KOERIBARI NADARGANJ, POLICE STATION CIVIL LINES, TOWN AND DISTRICT GAYA ……………………………………………………………………..OPPOSITE PARTIES ******* 2 29/10/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. Cognizance has been taken under Section 188 of the Indian Penal Code against the petitioner who is the second party in a proceeding under Section 144 of the Code of Criminal Procedure in G.O. Case No. 68 of 2009. A petition was filed by the Opposite Party No. 2 in the Court below alleging that the petitioner is violating the orders under Section 144 of the Code of Criminal Procedure. In the said petition, it has been mentioned that notices were issued to the petitioner on 17.03.2009 and served on the petitioner on 20.03.2009 as per the report of the Office Peon the petitioner has allegedly refused to accept the notice. In a case of this nature, i.e. where a proceeding under Section 144 of the Code of Criminal Procedure is pending between the parties, it is for the 2 Court who is in seisin of the matter to judge whether the notices have been duly served or not. The case under Section 144 of the Code of Criminal Procedure has been stayed in a revision application filed by this petitioner by order dated 21.07.2009 by the Additional District & Sessions Judge IV, Gaya in Misc. Case No. 468 of 2009. In the circumstances, the Court below is directed to Issue notice to the complainant-Opposite Party and thereafter re-hear this matter after taking into consideration the provisions of Section 144 of the Code of Criminal Procedure and the interim order passed on 21.07.2009. In the mean time, no coercive steps should be taken against the petitioner in pursuance of the order dated 16.07.2009 in Case No. G.O. 68 of 2009 pending before the Chief Judicial Magistrate, Gaya. This application is accordingly disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)