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Judgment
M.P. Varma, J.—Heard the learned Advocate. This application has been filed against an order dated 10.8.1985 passed by Magistrate in a proceeding u/s 145of the Code of Criminal Procedure, by which the learned Magistrate has ordered for addition of the State of Bihar as a party to the proceeding.
The learned Advocate contends that the learned Magistrate has no jurisdiction to add any one as a party in the said proceeding when the same has already commenced and according to his contention, the impugned order is bad in law.
I do not agree and I am of the view that if any party, whose interest is affected or makes a bona fide case of claim over the land in dispute, can very well be added as party at any stage of the proceeding before the proceeding finally terminates.
But, of course, I may mention here that in such a situation, the respective parties to the proceeding may have the liberty of recalling any witness already examined for cross-examination or re-examination and to adduce further evidence, if so necessary, in the interest of the parties for the ends of justice. With the above observation, the application is disposed of.