IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14198 of 2009 RAMAYAN SINGH, Son of Ramjeet Singh @ Ranjit Singh, Agent-Cum- Employee of Ganga Carriers Private Ltd., R/O Balua Tal, Azad Nagar, Lane No. 1, P.S. Motihari Town, District East Champaran at Motihari. ……..Petitioner Versus 1.THE STATE OF BIHAR 2.PROF. KUNWAR MUFAT MOHAMMAD SHAHID EXBAL, Son of S.M. Majim, R/O Pundar, P.S. Madhuban, District East Champaran at Motihari, presently residing at Balua Tal, Motihari, P.S. Motihari Town, District East Champaran at Motihari. ……….Opposite parties 03/- 26-10-2010 Heard learned counsel for the petitioner, Additional Public Prosecutor for the State and Sri Binay Kant Mani Tripathi, learned counsel for the opposite party no. 2. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 07.02.2009 passed by Sri Sagir Alam, Judicial Magistrate, Ist Class, East Champaran at Motihari in Trial No. 914 of 2009 arising out of Complaint Case No. 512 of 2004 rejecting the application filed by the petitioner seeking discharge. During course of argument, it is pointed out that at earlier occasion prayer for discharge of the petitioner was refused giving rise to Criminal Revision No. 422 of 2006 before learned Sessions Judge, Motihari. In the said revision vide order dated 30.08.2007 learned IVth Additional Sessions Judge while setting-aside the order remitted the matter for a fresh order, but as it appears from the order of learned court below has not considered the order of revisional court as there is - 2 - nothing mentioned about the same rather court below has rejected the prayer mainly on the ground of earlier rejection of similar prayer. Considering the facts and circumstances aforementioned impugned order is hereby quashed and trial court is directed to pass a fresh order taking into considering the directions of the revisional court in Criminal Revision No. 422 of 2006. Praveen (Akhilesh Chandra, J.)