IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8151 of 2011 MD. AKRAM SIDDIQUI @ MD. AKARAM SIDIQUI SON OF LATE SHEIKH SABIULLAHA, RESIDENT OF MOHALLA BAGHMALU KHAN, LODI KATRA, P.S. KHAJEKALA, PATNA CITY, DISTRICT PATNA …. PETITIONER Versus 1. THE STATE OF BIHAR 2. SAHIN KAUSAR DAUGHTER OF MD. NAVI HASAN, WIFE OF MD. RAFI, AT PRESENT RESIDENT OF VILLAGE KOILWAR, P.S. KOILWAR, DISTRICT BHOJPUR …. OPP. PARTIES ----------- 2. 9.3.2011 The petitioner has sought quashing of the order dated 25.2.2001 passed by the Sub-Divisional Judicial Magistrate, Patna City, Patna in connection with G.R.No.1387 of 2005 arising out of Khajekala P.S. case No.153 of 2005, by which an application u/s.205 Cr.P.c. has been disallowed. Learned Counsel for the petitioner submits that the petitioner is the brother-in-law of the opposite party no.2 and is working in Oman and it is difficult for him to be present on each date before the Court. He further submits that the petitioner will present himself before the Court as and when he is required to do so. Considering that an application u/s.205 Cr.P.C. is a matter between the accused and the Court, I do not find any reason to notice the complainant and proceed to pass orders in this application. In view of nature of allegations against the petitioner as well as his position, I am inclined to allow the application. - 2 - Therefore, the application is allowed and the impugned order is set aside with a direction to the petitioner to give an undertaking that he will present himself before the Court as and when he is required to do so and will not dispute his identity. Let the order be communicated to the court concerned through fax at the cost of the petitioner. Narendra/ ( Anjana Prakash, J. )