IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15456 of 2007 ASHOK CHOUDHARY Versus STATE OF BIHAR & ANR ----------- 4 29.4.2009 Heard learned counsel for the parties. It is not denied that the petitioner has challenged the order dated 13.2.2007 which is a notice under section 145 of the Cr. P.C. Learned counsel for the petitioner submits that even issuance of notice is an abuse of the process of court because earlier a similar application under section 144 of the Cr. P. C. has been rejected by the Sub-Divisional Magistrate and there is no material or reason to initiate a proceeding on an application filed by opposite party no.2. Without entering into the nitty-gritty of the submission of both sides, this Court is willing to relegate the parties to the court of Sub- Divisional Magistrate, Teghra (Begusarai) where opportunity shall be given, matter will be heard and an appropriate order shall be passed thereafter. Petitioner has the freedom to bring all such evidence and materials in support of his contention which has been made before this Court. This application stands disposed of with a direction that the matter in question needs to be decided at the earliest preferably within a period of four months on the outer side if not earlier from the date of communication or production of a copy of this order. This application is disposed of with the above liberty. RPS (Ajay Kumar Tripathi,J.)