IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54626 of 2007 MD. SHAMSUDDIN, SON OF LATE ABDUL SATTAR, RESIDENT OF MOHALLA CHURAMBA, P.S. MUFFASIL, DISTRICT MUNGER. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR. 2. KAMAL KUMAR JAIN, SON OF LATE MAHABIR JAIN, RESIDENT OF MOHALLA KOTWALI, P.S. KOTWALI, DISTRICT BHAGALPUR. ------------------------------------------------------------------------------------------- OPPOSITE PARTIES For the petitioner :- Mr. Pankaj Kumar Sinha, Advocate Mr. Kamal Kumar Jha, Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. ********* 6 3.2.2011 The petitioner is aggrieved by the order dated 5.11.2007, passed in G.R. Case No. 295 of 2004 by which the application under Section 239 of the Code of Criminal Procedure has been rejected by the Court below without giving any reasons at all. I, accordingly quash the order dated 5.11.2007 and remand the matter back to the Court of the Judicial Magistrate, 1st Class, Nawgachhiya to dispose of the application under Section 239 of the Code of Criminal Procedure within a period of one month from the date of receipt of a copy of this order. The petitioner is directed to produce a copy of this order before the Court of the Judicial Magistrate, 1st Class, Nawgachhiya within four weeks on its receipt. This application is thus, disposed of. Sanjay ( Sheema Ali Khan, J.)