IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52860 of 2007 RAMAKANT JHA, SON OF LATE BHUNESWAR JHA, RESIDENT OF VILLAGE CHAINPUR BAGHEL, P.S. SAHDEI BUJURG, DISTT. VAISHALI ------- PETITIONER. Versus 1. STATE OF BIHAR 2. CHAMPA DEVI, WIFE OF LATE PITAMBAR JHA, RESIDENT OF VILLAGE CHAINPUR BAGHEL, P.S. DESRI (SAHDEI O.P.), DISTT. VAISHALI ------OPPOSITE PARTIES. ----------- For the petitioner : Mr. Manoj Kr. Singh,Advocate For the State : Mr. C. Jawahar, A.P.P. ---------- 4. 09/04/2010 Heard. The petitioner seeks quashing of the order dated 23.3.2007 by which the Chief Judicial Magistrate,Vaishali at Hajipur heard the counsels, perused the complaint and thereafter sent the complaint case No. 620 of 2007 under Section 156(3) for institution of First Information Report. The Opposite Party No. 2 was noticed by an order dated 9.2.2009 and despite service of notice she has chosen not to appear before this Court. It is a well settled principle of law that once the Court proceeds under Chapter XIV of the Code of Criminal Procedure, it has to follow the procedures set thereinafter and cannot revert to Section 156(3) and send the complaint case to the police station for enquiry. In view of such, the order dated 23.3.2007 passed by the Chief Judicial Magistrate, Vaishali at Hajipur in complaint case No. 620 of 2007 is set aside. The application is allowed. S.Ali (Anjana Prakash, J.)