IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27075 of 2008 1. RAKESH SHARMA S/O LATE R.P. SHARMA H.T. MEDIA LTD. 18/20 KASTURBA GANDHI MARG NEW DELHI 2. B.P. JHUNJHUNWALA, S/O LATE C.P. JHUNJHUNWALA PRINTER, SEARCH LIGHT PUBLISHING HOUSE LTD. BUDH MARG, PATNA- 800001 ………….Petitioners Versus 1. THE STATE OF BIHAR 2. BIHAR STATE AIDS CONTROL SOCIETY, HAVING ITS OFFICE AT INSTITUTE OF HEALTH AND FAMILY WELFARE BUILDING SHEKHPURA, PATNA-14, THROUGH SRI SANJAY KUMAR SINHA, ASSISTANT DIRECTOR …………..Opposite Parties ----------- 2. 17.05.2011 Heard the parties. The petitioners have sought quashing of the order dated 17.4.2006 passed by learned Judicial Magistrate Ist Class, Patna in Complaint Case No. 2655 (M) of 2005, by which he has refused an application under Section 205 Cr.P.C. He is also aggrieved with the order dated 29.9.2007 passed by Additional Sessions Judge, F.T.C.-2, Patna in Cr. Rev. No. 344 of 2006/ 119 of 2007 by which it has affirmed the order of the Magistrate. It has been submitted that the petitioner no.1 is publisher of the H.T. Media Ltd. and generally resides in Delhi whereas petitioner no. 2 is the Printer of the news paper and has already retired and is aged about 80 years. Further submission is that the petitioner 2 has been made accused not in his personal capacity but in the capacity of bearing office in the organization. The petitioners undertake to be present in the Court on the date they are required to be present and are ready to give such an undertaking before the court below as also they will not delay the trial. Considering the undertaking this application is allowed and order dated 17.4.2006 passed by learned Judicial Magistrate Ist Class, Patna in Complaint Case No. 2655 (M) of 2005 and also order dated 29.9.2007 passed by Additional Sessions Judge, F.T.C.-2, Patna in Cr. Rev. No. 344 of 2006/ 119 of 2007 are hereby quashed on such undertaking. Fahad. ( Anjana Prakash, J.)