IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51771 of 2007 SHAMSHER SINGH @ SHAMSHER BAHADUR SINGH, son of Late Baichan Singh, resident of village – Kudra, P.S. – Kudra, District – Bhabhua. ------------------ Petitioner. Versus 1. STATE OF BIHAR 2. JALDHARI DAS, son of Baiga Das, resident of village – Bansghat – Gavandra, P.S. – Chakiya, District – East Champaran. --------------- Opp. Parties. --------- For the Petitioner : Mr. N.A. Shamsi, Advocate For the State : Ajay Mishra, APP. ------- 6 07.04.2010 Heard learned counsel for the petitioner and State. No one appeared on behalf of the opposite party no.2 in spite of valid service. This is an application seeking quashing of order dated 24.1.2005, passed by Sri S.K. Upadhyay, Judicial Magistrate, Raxaul at Motihari in complaint case no. 237 of 2004, taking cognizance against the petitioner for the offences under Sections 323 and 379 of the Indian Penal Code. During the course of argument, learned counsel for the petitioner pointed out that complainant in complaint petition stated that he arrived at Raxaul Station through Satyagrah Express on 31.07.2004 and came out of the Station along with his two complainants Bindu Devi and Ramashrya Singh, and as alleged the accused persons took away some cash from him at 7.00 p.m. and also assaulted and abused them whereas during inquiry the witness Bindu Devi has stated the time of - 2 - occurrence to be 1.00 p.m. Copy of deposition of another witness Ramashrya Singh during inquiry is not available with him. The court below wile taking cognizance has relied upon the statement of complainant on Solemn Affirmation and the two witnesses aforementioned. Learned counsel is also armed with report of Station Master, Raxaul, showing that on the particular day i.e 31.07.2004, said train Satyagrah Express arrived at Raxaul Station at 20.20 hours. Learned counsel for the State submitted that all such materials may be considered by the court below at the time of hearing on the point of charge, in absence of statement of Ramashrya Singh, it is not proper to pass any order at this stage. The submission of learned counsel for the State has got some substance and also conceded by learned counsel for petitioner accordingly, this application stands disposed of with a liberty to the petitioner to place all his points and materials before the court below, who shall consider to pass an appropriate order at the time of hearing of the point of charge. Rajeev/ (Akhilesh Chandra, J.)