P.K.Deb, J.

1. In this writ petition, the petitioner prays for issuance of an appropriate writ in the nature of certiorari to quash the order dated, 14.7.1997 (Annexure 3), passed by the 3rd Sessions Judge. Hazaribagh in Criminal Revision No. 41/94. by which the order dated, 26.11.1993, issuing processes under Sections 82 and 83 of the Cr PC by the Executive Magistrate in case No. 796 of 1992 under Section 107/116. Cr PC has been rejected.

2. The brief facts of the case are required to be reiterated for considering the statements made on behalf of the parties in this writ petition.

2-A. The opposite party respondent initiated a proceeding under Section 107, Cr PC, being case no. 796 of 1992. In that case, on being noticed the petitioner alongwith others, as second party members had appeared and contested. On some occasion during the proceedings before the Executive Magistrate the second party members defaulted and then warrant of arrest were issued, but then again petition was filed for recalling of warrant of arrest which was also allowed but then again the second party members remained absent and ultimately the Executive Magistrate proceeded ex parte in absence of the sec