IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.996 of 2008 Pawan Siwaniwala Son of Mangtu Ram resident of Link Road, ½ New Housing Board, Shastrinagar, P.S.-Shashtrinagar, Dist-Bhilwara (Rajasthan) …..Petitioner. Versus 1. The State of Bihar. 2. Keshav Kumar Bhageria son of Ram Chandra Bhageria, Narain Textile, Sutapatty, P.S.-Town, Dist-Muzaffarpur. ….Opposite Parties. ----------- For the Petitioner : Mr. Sanjay Kumar Ghosarvey, Adv. Mr. R.K. Pandit, Adv. Mr. Manoj Kumar Pandey, Adv. For the Respondent : Mr. B. Lal, A.P.P. --------- 02. 27.03.2009 Heard counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 30.07.2008, whereby his petition u/s 205 Cr.P.C. has been rejected. He submits that the summons was issued at the first instance, followed by warrant. After having heard the counsel for the parties, this court finds that the subsequent issuance of warrant of arrest would be no ground for rejection of the petition under Section 205 Cr.P.C., if the accused is not arrested by them. In this case summons has been issued at the first instance. In such circumstances, the order passed by the learned Sub Divisional Judicial Magistrate, Muzaffarpur - 2 - on 30.07.2008, in Complaint Case No. 195 of 2007 (Trial No. 1707 of 2008) is set aside. The matter is remitted back to the learned Sub Divisional Judicial Magistrate, Muzaffarpur for consideration on merit. It goes without saying that this court has not expressed any opinion on the merit of the case. This application is allowed to the extent mentioned above. Vikash/- (Samarendra Pratap Singh, J.)