IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8592 of 2011 RAKESH KUMAR SON OF SACHIDANAND SINGH, RESIDENT OF HARIHAR SINGH ROAD, MOHALLA MORHABADI, P.S. BARIYATU, DISTRICT RANCHI (JHARKHAND) ….. PETITIONER Versus 1. THE STATE OF BIHAR 2. SATYENDRA PRASAD SINGH, SON OF LATE RAM PRIT SINGH, RESIDENT OF VILLAGE LASKARI CHAK, P.S. FATUHA, DISTRICT PATNA …. OPPOSITE PARTIES ----------- 2. 1.4.2011 This case, which was listed before Hon’ble Justice Shyam Kishore Sharma, has been taken up on the mentioning of the learned Counsel for the petitioner that the case could be heard on priority in view of the category which this Court has defined for priority cases. The petitioner seeks quashing of the order dated 24.1.2011 passed by the Judicial Magistrate, 1st class, Patna in Complaint case No.2411(C) of 2004, by which an application u/s.205 Cr.P.C. has been disallowed. It has been submitted that the present complaint only pertains to a civil dispute between the parties with regard to sell and purchase of a certain piece of land. The reason for praying for exemption of personal appearance is that petitioner resides in U.S. and it would be difficult for him to attend the court on a regular basis. The further submission is that no prejudice would be caused to the Complainant on account of non-appearance of the petitioner on each date. In view of the submissions, this application is - 2 - allowed and the order dated 24.1.2011 passed by the Judicial Magistrate, 1st class, Patna in Complaint case No.2411(C) of 2004 is quashed. However, the petitioner will give an undertaking before the court below that he will present himself as and when he is required to do so by the court below and will not dispute his identity. Narendra/ ( Anjana Prakash, J. )