CHANDRAWATI DEVI, MIRA DEVI, MOSSTT. MOHNA DEVI AND DHARAMSHILA DEVI ALIAS ASHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) 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 Sec. 205 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') has been rejected. 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 male 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.

(2.) The petitioner had filed an application under Sec. 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 practically invalid and thus incapable of any movement. Petitioner no. 1 Chandrawati Devi had just delivered a child and she also was not keeping good health. Mira Devi and Dharamshila Devi were also stated to be not keeping good health. Above all there was an assertion that they are respectable and PardaNasin ladies.

(3.) The learned Magistrate had allowed the representation but subsequently he has rejected by the impugned order.