IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7807 of 2011 1. PRABHAT KUMAR S/O MAHESH PANDEY, TERRITORY MANAGER, MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD., HAVING ITS BRANCH OFFICE AT HOUSE NO.147, PATLIPUTRA COLONY, P.S. PATLIPUTRA, DISTRICT PATNA, PRESENTLY POSTED AT MUZAFFARPUR BRANCH OF MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD. ABOVE STATE BANK OF INDIA ATM NEAR ZENITH PETROL PUMP, MUZAFFARPUR 2. ALOK KUMAR @ ALOK KUMAR SINGH S/O LATE ASHOK SINGH, CUSTOMER MANAGER, MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD., HAVING ITS BRANCH OFFICE AT HOUSE NO.147, PATLIPUTRA COLONY, P.S. PATLIPUTRA, DISTRICT PATNA …… PETITIONERS Versus 1. THE STATE OF BIHAR 2. SANGEETA SINHA W/O ARVIND KUMAR, RESIDENT OF MOHALLA PURVI LAKSHMI NAGAR KHEMNI CHAK NEAR KHATAL OF OM JI, P.S. RAM KRISHNA NAGAR, DISTRICT PATNA ….. OPPOSITE PARTIES ----------- 2. 1.4.2011 This case, which was listed before Hon’ble Justice Shyam Kishore Sharma, has been taken up on the mentioning of the learned Counsel for the petitioners on the ground that it is a case u/s.205 Cr.P.C. and, therefore, could be heard on priority as per my published list of priority cases. The petitioners seek quashing of the order dated 28.1.2011 passed by the Judicial Magistrate, 1st class, Patna in Complaint case No.1380(C) of 2010, by which an application u/s.205 Cr.P.C. has been disallowed. It has been submitted on behalf of the petitioners that the petitioners have been made accused in the present case on the basis of the respective posts in the Company, which they were occupying and they are not - 2 - personally liable. The further submission is that since the petitioners are busy personnel it would be difficult for them to attend the court on every date. The further submission is that no prejudice will be caused to the Complainant if the personal attendance of the petitioners is allowed. Considering the said submissions, this application is allowed and the order dated 28.1.2011 passed by the Judicial Magistrate, 1st class, Patna in Complaint case No.1380(C) of 2010 is quashed. However, the petitioners will give an undertaking before the court below that they will present themselves before the court concerned as and when they are required to do so by the court below. Narendra/ ( Anjana Prakash, J. )