IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.4320 of 2009
SHABBIR HASAN S/O MUKHTAR AHMAD
Versus
1. THE STATE OF BIHAR
2. CHANDRIKA HAJRA S/O LATE KESHWAR HAJRA
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2. 10.08.2010 The petitioner seeks quashing of the entire
proceedings including the order dated 12.7.2007 passed by
learned Judicial Magistrate, Ist Class, Motihari in Tr. No. 1450 of
2007 on the ground that in fact the subject matter of the present
complaint was the same as Sugauli P.S. Case No. 106/2001
instituted by the petitioner in which now the complainant stands
convicted by the trial court.
Issue notice to the opposite party no. 2 to show cause
as to why this application be not admitted/disposed of at the stage
of admission itself, for which requisites etc. under registered cover
with A/D as well as ordinary process must be filed within 10 days,
failing which this application shall stand rejected without further
reference to the Bench.
Rule returnable three months.
In the mean while, the further proceeding in Cr.
Revision no. 417 of 2007 in Tr. No. 1450 of 2007 pending before
the learned Judicial Magistrate, Ist Class, Motihari, shall remain
stayed.
Fahad. ( Anjana Prakash, J. )