IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16582 of 2010 MD.AYATULLAH S/O SK.HWARUL HAQUE @ MD. HAMIDULLAH, R/O VILLAGE- JHUMKA, P.S.SIKTA, DISTRICT- WEST CHAMPARAN ……………… Petitioner Versus THE STATE OF BIHAR …………. Opposite Party ----------- 2. 07.01.2011 Heard the parties. The petitioner seeks entire proceedings of Tr. No. 1691/10 including the order dated 20.02.2008 passed by Judicial Magistrate, Bettiah, by which he has framed charges under Section 468, 469 and 420 I.P.C. The facts of the case is that the petitioner was one of the persons who had prayed for removal of an encroachment before this Hon’ble High Court upon which a direction was given by this court to the C.O. for removal of the same. When the same was not done 127 villagers filed a public petition before the D.M. which included the signature of the local M.L.A. Subsequently when the C.O. verified from the local M.L.A. as to whether he had signed on that public petition he declined to have done so upon which the present case has been instituted. It has rightly been contended by counsel for the petitioner that it is difficult for anyone but speculate as to which of the 127 persons had signed on behalf of the M.L.A. and, therefore, the entire prosecution is nothing but an abuse of the process of the court. In view of such, the application is allowed and the entire proceedings of Tr. No. 1691/10 including the order dated 20.02.2008 passed by Judicial Magistrate, Bettiah is quashed. Fahad. ( Anjana Prakash, J. )