IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45145 of 2008 Basudeo Paswan, Son of Sri Ram Paswan, Resident of Village Purab Tola, Ward No. 14, PS Kahalgaon, District Bhagalpur ---- Petitioner Versus State Of Bihar ---- Opposite Party For the petitioner : Mr. Rajive Ranjan Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, A.P.P. ----------- 2 3.8.2011 Learned counsel for the petitioner submits that the order dated 3.7.2008, passed under Section 210 of the Code of Criminal Procedure should be set aside by this Court on the ground that the allegations in the case of Kahalgaon P.S. Case No. 13 of 2008 does not contain the same facts as contained in the complaint petition filed by this petitioner. It is specifically stated that the petitioner has filed the complaint under Section 302 of the Indian Penal Code naming certain persons as accused whereas in the police case, the case was instituted under Section 307 of the Indian Penal Code. It is further submitted that the contents of the two cases i.e. facts of the First Information Report and the facts of the complaint petition are also different. In my opinion, the Chief Judicial Magistrate, Bhagalpur ought to examine the contents of the Kahalgaon P.S. Case No. 13 of 2008 as well as the allegations contained in the complaint petition and thereafter come to a decision regarding the application filed under Section 210 of the Code of Criminal Procedure. The order dated 3.7.2008, passed in Complaint Case No. 516 of 2008 is quashed. This application is allowed. 2 Counsel for the petitioner is directed to produce a copy of this order before the Chief Judicial Magistrate, Bhagalpur or any other Court where the matter is pending, within a period of one month from the date of receipt of a copy of this order failing which this application shall stand dismissed. Sanjay (Sheema Ali Khan, J.)