IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6636 of 2009 MD. IMTAZ son of Md. Khalil, resident of village-Chamaraganj, P.S. Jhanjharpur, District- Madhubani. ….Petitioner Versus 1. THE STATE OF BIHAR & 2. Birju Sah, son of Mahabir Sah, resident of village + PO Chamauraganj, P.S. Jhanjharpur, 3. Pramod Chandra Das son of late Radha Balabh Das, resident of village + PO-Simra, P.S. Jhanjharpur, District- Madhubani, 4. Hareram Ray, son of late Chaturbhuj Ray, resident of village- Jhanjharpur, P.O. Jhanjharpur, District- Madhubani & 5. Madan Rao, PHED Jhanjharpur, Assistant Engineer, Jhanjharpur, District- Madhubnai …Opposite Parties ----------- 2/ 23.8.2010 Heard the parties. The petitioner, who is the informant of Complaint Case No. C. R. No.45 of 1996, is aggrieved by the order dated 12.11.2008 passed the Judicial Magistrate, 1st class, Jhanjharpur, by which he has allowed the application filed under section 204 Cr. P. C. From the impugned order it appears that initially such an application was disallowed by the previous incumbent and thereafter process were stayed by the impugned order. I am of the view that this is completely illegal order since the courts below do not have any jurisdiction to recall their earlier order nor to stay the process once cognizance has been taken. In view of such, this application is allowed and the order dated 12.11.2008 passed by the Judicial Magistrate, 1st class, Jhanjharpur, in C. R. No. 45 of 1996/ Tr. No. 649 of 1998 is hereby set aside. Application stands allowed. JA/- (Anjana Prakash, J.)