IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39838 of 2010 1. OM PRAKASH @ OM PRAKASH JHUNJHUNWALA S/O LATE GAURI SHANKAR JHUNJHUNWALA 2. NAV RATAN JHUNJHUNWALA 3. NAV NEET KUMAR @ NAV NEET KUMAR JHUNJHUNWALA, BOTH SONS OF SHRI OM PRAKASH JHUNJHUNWALA, ALL RESIDENTS OF 703, 10TH A MAIN, JAI NAGAR, 4TH FLOOR, P.S. JAI NAGAR, BANGLORE – 560011 ……… PETITIONERS Versus 1. THE STATE OF BIHAR 2. RAGHVENDRA AGRAWAL, S/O LATE OM PRAKASH AGRAWAL, RESIDENT OF SHRI RAM PLAZA, TOP FLOOR, MO. STATION ROAD, P.S. GANDHI MAIDAN, DISTRICT PATNA ….. OPPOSITE PARTIES ----------- 2. 25.11.2010 The petitioners have sought quashing of the order dated 26.10.2010 passed by the Judicial Magistrate, 1st class, Patna in Complaint case No.340C of 2010, by which he has refused the prayer of the petitioner made u/s.205 Cr.P.C. Since the question of appearance before the court is a matter between the accused and the court, I do not find any justification to notice the complainant in the matter. Considering that the petitioners have sought dispensation of the personal appearance since they are residing at Banglore and it is difficult for them to be present on each date before the court at Patna and they have no personal liability in the case as also that their identity is not in dispute, the application is allowed and the order dated 26.10.2010 passed by the Judicial Magistrate, 1st class, Patna in Complaint case No.340C of 2010 is hereby quashed. Narendra/ ( Anjana Prakash, J. )