IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42055 of 2010 NAV RATAN JHUNJHUNWALA, S/o Sri Om Prakash Jhunjhunwala, Resident of 703, 10th A Main, Jai Nagar, 4th Floor, P.S. Jai Nagar, Banglore- 5650011 ….Petitioner Versus 1. THE STATE OF BIHAR & 2. Sunil Kumar Tiwari S/o Late Rameshwar Tiwari, Resident of Mo.: Kalyani Cooperative, Harnichak, Anishabad, P.S.-Beur, District- Patna …Opposite Parties ----------- 2/ 07.12.2010 Heard the parties. The petitioner has sought quashing of the of the order dated 19.11.2010 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.223-C of 2009 by which he has refused the prayer of the petitioner made under section 205 Cr.P.C. Since the matter of 205 Cr. P. C. is between the court and the court, I do not feel it necessary to notice the complainant before disposing of the present application. Considering the nature of dispute between the parties, I am inclined to allow the application and set aside the order dated 19.11.2010 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.223-C of 2009 on the petitioner’s undertaking that he will present himself before the court as and when required to do so and he will not dispute his identity during trial. The application stands allowed. Let this order be communicated to the Judicial Magistrate, 1st class, Patna, in Complaint Case No.223-C of 2009 through FAX at the cost of the petitioner. JA/- (Anjana Prakash, J.)