IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.610 of 2008 ISHARAT KHATOON Versus THE STATE OF BIHAR & ORS ----------- 3 11.9.2008 In the instant writ application the petitioner has prayed for setting aside the order dated 24.6.2008 passed by the learned Chief Judicial Magistrate, Darbhanga, in Jalley P.S. Case No.3/05 / Rs. No.740/08 whereby he has stayed the execution of non-bailable warrant against respondent no.3, Md. Muzaffar Imam @ Tufail Ahmed which was earlier issued as per order dated 11.4.2008. Initially the petitioner had made the Registrar, Civil Court, Darbhanga, party as respondent no.2 which was subsequently deleted on 11.7.2008 with the permission of the Court. The petitioner lodged a case being Jalley P.S. Case No.3/05 / Rs. No.740/08 against the accused persons including Md. Muzaffar Imam @ Tufail. The police after investigation submitted final form and the learned Chief Judicial Magistrate, Darbhanga on consideration of materials on the record took cognizance of offence. The learned counsel for the petitioner in course of hearing has brought two facts to the notice of this Court. He submits that it would appear from the order dated 9.6.2008 of the Magistrate that the petition of the respondent no.3 was deferred to 13.6.2008 for hearing. In the meantime order dated 11.6.2008 had been inserted as 11.6.2008 was not the date fixed in the instant case. The petitioner may bring the aforesaid fact to the notice of the 2 District Judge, Darbhanga, who will examine the matter concerned. Learned counsel for the State submits that order dated 11.6.08 is an innocuous and routine order does not give advantage to any of the parties. Now I proceed to examine the other grievance of the petitioner that by order dated 24.6.2008, the Chief Judicial Magistrate, Darbhanga, has stayed the execution of non-bailable warrant of arrest against respondent no.3. Having heard the learned counsel for the parties this Court is of the view that the Magistrate cannot indefinitely stay the issuance of warrant of arrest awaiting result of the quashing application filed against the order taking cognizance. In view of the aforesaid observation if an application is filed before the learned Magistrate for getting the order of stay vacated, the court concerned would pass an appropriate order in the light of the observations made above. This writ application is allowed to the extent stated above. Anilksinha (Samarendra Pratap Singh,J.)