IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44340 of 2009 1. MD.NAZIMUDDIN HAIDER KHAN @ NAJMUDDIN HAIDER KHAN S/O LATE RAJA SALAUDDIN HAIDER KHAN R/O ASHIANA NURSHING HOME PVT. LTD., ASHIANA MORE, BAILEY ROAD, P.S.- RAJIV NAGAR, DISTT.- PATNA – Petitioner. Versus 1. THE STATE OF BIHAR 2. PRABHAT KUMAR SAHU S/O LATE SHASHI RANJAN SAHU R/O 179, SRI KRISHNAPURI, P.S.- KRISHNAPURI, DISTT.- PATNA – Opp. Parties. ----------- 3 11.5.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 16.9.2009 passed by the Judicial Magistrate, Patna in Complaint Case No. 2325©/2009 by which cognizance for the offences under sections 323, 451, 452, 506 and 379/34 of the Penal Code has been taken. Learned counsel for the petitioner submits that this case has been filed as a fall out of Complaint Case No. 2236©/2007. The allegation is that the petitioner and others entered the house of the complainant and wanted to compromise the earlier case and thereafter it appears that an incident took place which resulted in the filing of the present case. It is submitted that this court had passed an order on 8.9.2009 staying further proceeding of Complaint Case No. 2236©/2007 and thereafter the present complaint case was filed on 31.8.2009 making allegations that the petitioner had entered the house of the complainant and thereafter had pressurized him to withdraw the case resulting in the aforesaid occurrence. At this stage this court is not inclined to interfere with the impugned order. However, the petitioner will have the liberty to 2 raise the questions already raised in this application at the stage of framing of charge. This application is disposed of with the aforesaid observation. haque (Sheema Ali Khan, J.)