IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38709 of 2008 Prasidh Rajak, Son of late Girdhari Rajak, Resident of Village + Post Mahsoura, PS Ramgarh Chowk, District Lakhisarai --- Petitioner Versus 1. The State Of Bihar. 2. Amrendra Kumar Singh, Son of late Jainandar Singh, Resident of Officer Quarter, Court area, PS + District Lakhisarai ---- Opposite parties. ----------- 2 21.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has been made accused in a case under Sections 181, 384 and 504/34 of the Indian Penal Code. In order to save time, this Court is not issuing notice to the complainant of this case. However, this Court grants full opportunity to the complainant to appear before the Judicial Magistrate, 1st Class, Lakhisarai and to place forth his case. Learned counsel for the petitioner has submitted that as far as the petitioner is concerned, i.e. Prasidh Rajak, there is no specific allegation against him in the entire complaint petition. It is said that Sadan Rajak lives with the petitioner and at all times he remains with this petitioner. According to the learned counsel apart from this fact, there is no other allegation against the petitioner. In the result, I quash the order dated 26.3.2008, passed in Complaint Case No. 403C of 2007 and remand the matter back to the Judicial Magistrate, 1st Class, Lakhisarai who will hear the complainant and the petitioner within a period of two months from the date of receipt of a copy of this order. Counsel for the 2 petitioner is directed to produce a copy of this order before the Judicial Magistrate, 1st Class, Lakhisarai within a period of one month from today failing which this application shall stand dismissed without further reference to a Bench. This application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)