IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22872 of 2010 SWAMI SATYANANDJI MAHARAJ, Disciple of Brahmalin Swami Shiodharmanand jee Maharaja, R/o Brahm Vidyalay and Ashrma Chhotka Rajpur, P.S.-Simari, District-Buxar. Versus 1. THE STATE OF BIHAR. 2. Kripa Narayan Singh, S/o Late Prabhu Narayan Singh, R/o Village- Nandna, P.S.-Chainpur, District-Kaimur (Bhabhua). ----------- 02. 10.03.2011 The petitioner has sought quashing of the order dated 17.05.2010 passed in Complaint Case No. 1298/2008 by which the Judicial Magistrate, 1st Class, Bhabhua has refused an application under Section 205 Cr.P.C. It has been submitted that the petitioner normally resides in Buxar but has to travel extensively on account of his nature of work and he would be put to great hardship if he is directed to appear on each date before the Court concerned. Since an application under Section 205 Cr.P.C. is a matter between the Court and the accused, I see no necessity to notice the Opposite Party No. 2 and proceed to pass orders in the present application. Considering the nature of allegations against the petitioner as well as the facts enumerated in the petition, the application is allowed and the order dated 17.05.2010 passed in Complaint Case No. 1298/2008 by which an application under Section 205 Cr.P.C. has been disallowed is, hereby, set aside. 2 However, the petitioner will be required to file undertaking in the Court below that he shall present himself as and when he is required to do so by the Court concerned and shall not dispute his identity at any stage. Vikash/- (Anjana Prakash, J.)