HIGH COURT OF CHHATTISGARH AT BIL:ASPUR Cr.M.P.No. 719/2011 In the matter of Naveen Kumar Sahu Vs. State of Chhattisgarh Appearance: Shri Arvind Singh, counsel for accused Shyamlal Fekar and Ramesh Dhivar. Sinale Bench: Hon'ble Shri Prashant Kumar Mishra. J. ORDER (17.11.2011) These proceedings under Section 439 (2) of Cr.P.C. was registered suo motu by this court as while hearing M.Cr.C. No. 3098/2011 on 20/10/2011 it was informed to this court that accused Shyamlal Fekar and Ramesh Dhivar have been released underSection 167 (2) ofCr.P.C. It came to be noticed by this court that though application under Section 167 (2) of Cr.P.C. filed by the above said two accused persons were moved on 11.20 a.m., however before the application could be taken up for hearing at 3.30 p.m. the charge sheet was already submitted at 3.20 p.m. it was also noticed that the learned Magistrate relied on a judgment in the matter of Rajeev Choudhary Vs. State (N.C.T.) of Delhi reported in [2(W^~6-SCC 34 which has been tater on over ruled by the Supreme Court in tti'e matter of Bhupinder Singh and others Vs. Jarnail Singh and another (2006) 6 SCC 277. (2) This court issued notice to the above said two accused persons on 20/10/2011. However, in course of hearing today it was informed to this court that the order passed by the learned Magistrate on 8/09/2011 releasing the said accused persons on bail underthe default clause under Section 167 (2) of Cr.P.C. was set aside by the 4 Additional Sessions Judge, Raipur on 24/09/2011 , however lateron the said order has been set aside by this court vide order dated 3/11/2011 in Criminal Revision No.585/2011. Record of the said criminal revision is also avaitable before this court. (3)^ In view of the above, since a Coordinate Bench has already taken a view that the order dated 8/09/2011 passed by the learned Magistrate under Section 167 (2) of Cr.P.C. is in accordance with law, nothing survives in this proceeding under Section 439 (2) of Cr.P.C. (4) Accordingly, the Cr.M.P. is dismissed in view of the order passed by the Coordinate Bench ofthis court in Criminal Revision No. 585/2011. Sd//- Prashant Kumar Mishra Judge 'r^