IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1102 of 2008 BALDEO PRASAD SINGH son of Late Nanhak Singh resident of mohalla Ram Murti Nagar, P.s. Hilsa District Nalanda Versus 1. STATE OF BIHAR 2. The S.D.M. Biharsharif. 3. The Superintendent of Police, Nalanda 4. The Inspector of Police, Noor Sarai P.s. Nalanda. 5. Angita Kumari, daughter of Ramesh Prasad, resident of village Jamunapur, P.s. Noorsarai District Nalanda. ----------- 3 20/03/2009 This writ petition has been filed for quashing the notice dated 29.10.2008 initiating a proceeding under section 107 Cr. P.C. against the petitioner. It appears that subsequent to the submission of report by Noor Sarai Police, a notice has been issued to the petitioner in case No. 1004(M) of 2008 for starting a proceeding under section 107 Cr.P.C. It is contended that on a similar petition filed before the Women Commission an order was passed in favour of the petitioner. Without going into the merits of the case, I am of the view that it is not proper for this Court to quash the notice dated 29.10.2008 issued by the Sub-divisional Magistrate, Biharsharif in an application under Article 226 of the Constitution of India. The petitioner is directed to approach the learned Magistrate and apprise him of the finding of the Women Commission and satisfy him. If the petitioner approaches the Magistrate concerned, he may consider and pass appropriate order on the same in accordance with law. With the above observation, this writ application stands disposed of. (J. B. Koshy, CJ.) - 2 - AMIN