IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39290 of 2009 LALTOO JOHN @ WILLIAM ALFRED JOHN(Motor Cycle Mistiri), son of Late A. John, resident of 133, Janta Flat, P.S. Rampur, District Gaya. ……..Petitioner Versus 1. The State Of Bihar 2. The Sub-Divisional Officer, Sadar, Gaya, District-Gaya 3. Sri Subash Keshri, son of Late Ramji Prasad, resident of Mohalla- Chaura, P.S.-Civil Lines, Gaya, District-Gaya. 4. Sri. Rebrend Nocholas Purty @ Rev. Nicholas Purty, son of Late Patras Purty, resident of C.N.I. Church Campus Quarter, Gaya, P.S. Civil Lines, District-Gaya. 5. Mr. Marry Ekta, wife of Late Ajay Kumar Ekta, Resident of 47, Chanakyapuri, P.S.-Rampur, District-Gaya. …….Opposite Parties. ----------- 02. 04.01.2010 Petitioner has challenged the order dated 05.09.2008 and 08.07.2009 in the following facts. A proceeding under Section 145 Cr. P.C. was initiated in which petitioner Laltoo John @ William Alfred John, Sri Rebrend Nicholas Purty @ Rev. Nicholas Purty and Mrs. Marry Ekta were made parties. In between the proceeding Sri Subhash Keshri, Opposite Party No. 3 before this Court filed an application that he may be granted permission to open his shop. On 05.09.2008 the Court recorded that the petition would be considered after hearing the arguments from all the quarters. Thereafter no action was taken by the Court below. Suddenly on 08.07.2009 the Court has ordered that Opposite Party is granted permission to open his shop and has also sent a copy of its order dated 08.07.2009 to the Officer-in-charge, Civil Lines, Gaya. 2 Learned counsel for the petitioner submits that without hearing the main parties in the proceeding under Section 145 Cr. P.C. and without service of any application, this order has been passed by the Sub-Divisional Officer, Sadar, Gaya. In this case, I am not noticing the Opposite Party Nos. 3, 4 and 5 as it would only prolong the matter and delay the results of this case. In any case even if the Court had issued notice, this Court would have granted stay. I, therefore direct that the order dated 05.09.2008 and 08.07.2009 passed in Cr. Misc. No. 675 of 2001-02 shall remain stayed and the Sub-Divisional Officer, Gaya would ensure that a copy of the application filed by Opposite Party No. 3 and the order dated 05.09.2008 and 08.07.2009 should be served on the parties in the proceeding under Section 145 Cr. P.C. After service of the petition opportunity should be given to give a reply to the said petition and thereafter the Court should hear the arguments from all sides before passing any order. In the result this Court remands the matter to the Sub-Divisional Officer, Sadar, Gaya. With the aforesaid observation and directions the application stands disposed off. Shageer (Sheema Ali Khan, J)