IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16309 of 2010 1. IRFAN RAHI, SON OF MD. KAMALUDDIN KHAN, RESIDENT OF VILLAGE KALER, P.S. KALER, DISTT. ARWAL. 2. MD. MUMTAX AHMAD KHAN, SON OF ABDUL MANAN KHAN, RESIDENT OF VILLAGE AHMADPUR, P.S. RAFIGANJ, DISTT. AURANGABAD. -------- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. SUB DIVISIONAL MAGISTRATE, SADAR, GAYA. 3. MD. HUSNAIN, SON OF MEHANDI HUSSAIN, RESIDENT OF VILLAGE DARAMPUR, P.S. BELAGANJ, DISTT. GAYA. ------ OPPOSITE PARTIES. ----------- 2. 06.01.2011 Heard the parties. The petitioners have sought quashing of the order dated 6.11.2004 passed by the Chief Judicial Magistrate, Gaya, in G.R. Case No. 17 of 2004 instituted under Section 188 of the Indian Penal Code. It has been submitted that the complaint was instituted without considering the subsequent report of the Dy. S.P. which has reported that the petitioner has not violated the orders of the court in a proceeding under Section 144 Cr. P.C. after receipt of the notice. Considering the same, the application is allowed and the order dated 6.11.2004 passed in G.R. Case No. 17 of 2004 is quashed. S.Ali ( Anjana Prakash, J.)