Rinku Kumar vs The State Of Bihar & Anr on 9 November, 2011

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.36091 of 2011
                                       Rinku Kumar
                                           Versus
                               The State Of Bihar & Anr
                                         -----------

2/ 9.11.2011 I have heard learned counsel for the parties on the

restoration petition as also on the main petition which was dismissed

by order dated 11.5.2011.

Cr. Misc. No. 3026 of 2011 is hereby restored.

After having heard learned counsel for the petitioner, what

I find is that the lower court, i.e., Judicial Magistrate Ist Class,

Vaishali at Hajipur had passed the order impugned making reference

to materials available on record.

It is too well known to be pointed out that the satisfaction

of a magistrate who is proceeding to pass an order on the basis of

the materials justifying or giving some reasons to justify that

particular order should never be interfered with by the superior court

and keeping that in mind, I dismiss the petition seeking quashing of

impugned order dated 25.10.2010 in G.R. No. 4020 of 2004/Tr. No.

2038 of 2010.

Let the trial magistrate be directed to proceed with trial

with ado.

      Anil/                                        ( Dharnidhar Jha, J.)