IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44889 of 2009 ARUN KUMAR SINGH @ ARUN KUMAR PRASAD SINGH SON OF LATE CHANDESHWAR PRASAD SINGH, RESIDENT OF PARMESHWARI DAYAL LANE, MAHENDRU, POLICE STATION PIRBAHORE IN THE DISTRICT OF PATNA, PRESENTLY RESIDING AT MADHUBAN APARTMENT, FLAT NO.22, BLOCK NO.2, NEAR MALAHI PAKARI CHOWK, KANKERBAGH, P.S. KANKERBAGH IN THE TOWN AND DISTRICT OF PATNA ….. PETITIONER. Versus 1. THE STATE OF BIHAR 2. RAJESH KUMAR RANJAN SON OF DR. MADHAV PRASAD SINGH, RESIDENT OF EAST OF ASHOK NAGAR, ROAD NO.13, P.S. KANKERBAGH IN THE TOWN AND DISTRICT OF PATNA …. OPPOSITE PARTIES. ----------- 2. 6.9.2010 No one appears. The petitioner seeks quashing of the order dated 7.11.2009 passed by the Judicial Magistrate, Ist class, Patna in Complaint case No.3241(C) of 2008, by which he has refused the prayer of the petitioner u/s.205 Cr.P.C. The only reason for refusing the prayer of the petitioner appears to be that the matter was serious, whereas this could be only one of the considerations for refusing an application u/s.205 Cr.P.C. Considering the same as also that the petitioner had prayed for dispensation of the personal attendance on account of his age and being busy in his official activities, this application is allowed and the order dated 7.11.2009 passed by the Judicial Magistrate, Ist class, Patna in Complaint case No.3241(C) of 2008 is quashed. However, the petitioner shall be given an undertaking that he - 2 - shall be present on any date that the Magistrate so requires into. Narendra/ ( Anjana Prakash, J. )