IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12279 of 2007 1. UMA PANDIT, SON OF AGHORI PANDIT 2. THAKUR PANDIT, SON OF SUKAR PANDIT 3. SHYAM SUNDAR PANDIT, SON OF SUKAR PANDIT 4. RAM SWAROOP PANDIT, SON OF SUKAR PANDIT 5. HORIL PANDIT, SON OF AGHORI PANDIT ALL RESIDENT OF VILLAGE BARAJOR, P.S. JHAJHA, DISTRICT JAMUI. ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. AYODHYA DAS @ JAGARNATH DAS, SON OF POKHAN PANDIT, RESIDENT OF VILLAGE BARAJOR, P.S. JHAJHA, DISTRICT JAMUI. ---- OPPOSITE PARTIES For the petitioners :- Mr. Ashwani Kr. Singh, Sr. Advocate Mr. Ugranath Mallik, Advocate Mr. Pankaj Kr. Singh, Advocate For opposite party no. 2 :- Mr. Baxi S.R.P. Sinha, Sr. Advocate For the State :- None ----------- 7 26.3.2010 Heard the parties. This application has been filed against the order dated 1.2.2007, passed by the Additional District and Sessions Judge (Fast Track Court No. Ist), Jamui. Two revision applications were filed. The first revision application was filed against the order by which the Court accepted the final report discharging the petitioners for the offences under Section 364 of the Indian Penal Code. The second revision application has been filed to stay the proceeding arising out of Complaint No. 582 C2 of 2001(non F.I.R. No. 2 of 2001). The Sessions Judge has not set aside the order by which the final form has been accepted but has ordered that the Court should proceed with the protest filed on behalf of the opposite party no. 2 (Ayodhya Das Vs. Jagarnath Das) and has ordered that the proceeding under Section 182 and 211 of the Indian Penal Code should remain stayed till final orders are passed on the protest application. 2 This Court directs that the Chief Judicial Magistrate, Jamui should proceed with the protest petition and pass any appropriate order. However, it is clarified that the proceeding under Sections 182 and 211 of the Indian Penal Code shall remain stayed only if the Chief Judicial Magistrate, Jamui takes cognizance on the basis of the protest petition filed by the opposite party no. 2. This application is disposed with the aforesaid observation. Sanjay (Sheema Ali Khan, J.)