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1983 Supreme(Pat) 27

A.P.SINHA
Chandrawati Devi – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the petitioners: Mrs. Sheema Ali Khan.
For the State: Mr. Devendra Pd. Sinha.

JUDGMENT :

A.P. Sinha, J.

This application is directed against the ORDER :dated 20.8.1982 passed by the learned Judicial Magistrate, Barh in Case No. 4350 of 1981 by which the prayer of the, petitioners for being represented through their lawyer under section 205 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') has been rejected.

2. The trial has been initiated on the basis of a complaint petition filed by the landlord against four lady petitioners who are tenants. There appears to be a quarrel and dispute existing between the parties. The complainant landlord has filed the complaint petition by simply alleging that the petitioners along with other made members had made a hole in the roof and were in habit of flowing dirty water. Further allegation made were that on the particular date of occurrence the petitioners had entered in the portion of the house occupied by the landlord and had taken away one Thali and a Lota.

3. The petitioner had filed an application under section 205 of the Code to be represented through a lawyer at the initial stage. The grounds set-forth was that petitioner no. 3 Mossomat Mohna Devi was an old lady of about 70 years and she was pr









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