IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25559 of 2005 SAJJAN KUMAR KISHOREPURIA, Son of Late Sagarmal Kishorepuria, Resident of D.N.Singh Raod, Bhagalpur …….Petitioner Versus 1.THE STATE OF BIHAR 2.RAJESH KUMAR SINGH, Son of Late Ramjee Singh, Resident of Sakinbari, Khanjarpur, P.S. Brari, District Bhagalpur ………Opposite Parties For the Petitioner : Mr. Satabir Bharti, Advocate For the State : Mr. Ajay Mishra, A.P.P. ---------- 07. 12.08.2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. None appeared on behalf of the Opposite Party No. 2, the complainant. Undisputedly, at the instance of opposite party no. 2, Complaint Case No. 1402 of 2004 was filed on 13.09.2004 in the court of C.J.M. Bhagalpur naming one single person accused i.e. M/S Sriyash, D.N. Singh Road, P.S. Kotwali, Bhagalpur, but after taking cognizance vide impugned order dated 24.05.2005 in the Court of Sri Umesh Mehtar, Judicial Magistrate, 1st Class, Bhagalpur notice has been issued, where in name of the petitioner appears as (proprietor Sajjan Kishore Puria) without any basis neither in the complaint petition name of the petitioner has been disclosed in any capacity nor it appears from the order taking cognizance. Learned Additional Public Prosecutor also fairly conceded that there is no basis for issuing notice against the petitioner. In way of the above this application stands allowed and the - 2 - impugned order and notice to the extent of the petitioner are hereby quashed. Praveen (Akhilesh Chandra,J.)