IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34796 of 2010 MADAN SAH Versus STATE OF BIHAR & ANR ----------- 2. 2.11.2010 After having heard Shri Devendra Kumar, learned counsel for the petitioner and Shri Dashrath Mehta, learned A.P.P. for the State and after having perused the F.I.R. as also the impugned order which was passed on 28.5.2010 in Bairgania PS.Case No.16 of 2010 by the Chief Judicial Magistrate, Sitamarhi, the Court feels that summoning of the present petitioner in the above noted case was completely undesirable and unnecessary under the facts of the case. The petitioner might have threatened against lodging of the F.I.R. by the informant and others but that in absence of any further allegation may not be constituting any offence. In that view of the matter, summoning of the petitioner by the impugned order appears completely an abuse of the process of the Court. The petition succeeds and the proceedings against the petitioner Madan Sah are hereby quashed. Kanth ( Dharnidhar Jha, J.)