IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39699 of 2008 Gokula Singh, Son of Jattoo Singh, Resident of Village Badki Mohania, PS Mohania, District Kaimur at Bhabhua ----- Petitioner Versus The State Of Bihar ---- Opposite Party ----------- 2 25.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order dated 24.7.2008 taking cognizance in Complaint Case No. 407 of 2008 filed by Surendra Yadav. Surendra Yadav has also filed Mohania PS Case No. 87 of 2008 allegedly for the same offence. Learned counsel raises two issues. Firstly, it is said that the provision of Section 210 of Cr.P.C. would be applicable in the facts of this case. Secondly, it is submitted that there is an affidavit sworn by the said Surendra Yadav (Annexure-3) stating therein that he has not filed any complaint case. This Court does not have any idea whether this document was filed in the Court below or whether Surendra Yadav accepts this fact. In the opinion of this Court, this matter becomes the subject matter of dispute, I thus, direct the Judicial Magistrate, Kaimur at Bhabhua to take into account these facts and thereafter pass appropriate order. The order dated 24.7.2008, passed in Complaint Case No. 407 of 2008 is quashed with a direction to decide the issue within a period of three months on valid service of notice to the opposite party. Counsel for the petitioner is directed to produce a copy of this order within a period of one month before the Court concerned, 2 failing which this application shall stand dismissed. This application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)