IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6405 of 2007 1. RAJAN NANDA 2. PARESH KUMAR …PETITIONERS Versus 1. STATE OF BIHAR 2. MR. SHARAD KUMAR …OPPOSITE PARTIES For the petitioner : Mr. Anshuman Singh For the State : Mr. Jharkhandi Upadhyay,APP ----------- 07. 26.07.2010 Learned counsel for the petitioners sought permission to confine the present application to petitioner no.1, namely, Rajan Nanda only. He is permitted to do so. Petitioner no.1 is aggrieved by the order dated 12.04.2006, passed by learned Judicial Magistrate, 1st class, Patna in Complaint Case No.3376 (C)/2005, whereby his application filed under section 205 Cr.P.C. has been rejected. He has also assailed the revisional order dated 30.08.2006, passed in Cr.Rev. No.379/2006, whereby the revision application preferred against the said order dated 12.04.2006 has been considered and rejected. Counsel for the petitioner produced a bunch of orders passed on different criminal miscellaneous applications preferred by the present petitioners in order to submit that in identical/similar situations, this Court has interfered with and quashed the orders impugned passed by learned Magistrate and revisional court refusing to allow the application under section 205 Cr. P.C. Learned counsel has produced a bunch of different orders - 2 - passed by this Court which is kept on record and marked as ‘Y’. Learned counsel for the State admits that this Court in several matters of identical footing filed at the instance of the present petitioners has interfered with the orders impugned passed by courts below and quashed them. In view of the agreement between the parties, this Court is inclined to take the similar view. Consequently for the reasons disclosed in Cr. Misc. No. 55989 of 2007(Rajan Nanda vs. State of Bihar & Ors.), this application is also allowed. The impugned order dated 12.04.2006, passed by learned Magistrate as well as the revisional order dated 30.08.2006 are hereby quashed and set aside. hr ( Kishore K. Mandal )