IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.26591 OF 2009 JYOTISH KUMAR BHAGAT, SON OF LATE RAM PRASAD BHAGAT, RESIDENT OF MOHALLA GOSHALA, POLICE STATION SADAR KATIHAR, DISTRICT KATIHAR VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, KATIHAR 3. THE SUPERINTENDENT OF POLICE, KATIHAR 4. THE OFFICER-IN-CHARGE, BALRAMPUR, DISTRICT KATIHAR ……………………………………………………………….OPPOSITE PARTIES ********** 2 24/07/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed for quashing the order dated 30.01.2008 by which the Chief Judicial Magistrate, Katihar has issued process against the petitioner under Section 82-83 of the Code of Criminal Procedure in a case instituted under Sections 409 and 120B of the Indian Penal Code.. Learned Counsel for the petitioner submits that he has earlier moved this Court by filing CWJC No. 7309 of 2009 disposed of on 03.07.2009 wherein the Court had directed the petitioner to file a representation before the District Magistrate, Katihar, who was to dispose of the representation within four weeks. It is also said that the petitioner should file a copy of the representation before the Executive Engineer, N.E.R.P., Katihar. After the order of this Court, the petitioner filed a bail application which was rejected by the Sessions Judge, Katihar. - 2 - It appears that the petitioner has not moved before the High Court for grant of bail. The order of issuance of processes under Section 82-83 of the Code of Criminal Procedure has been challenged on the ground that the petitioner would be highly prejudiced if he is not appear before the Magistrate. This Court finds that no ground is made out to warrant interference in the impugned order. Accordingly, this application is dismissed. Anand ( Sheema Ali Khan, J. )