IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10133 of 2007 In the matter of an application under Section 482 of the Code of Criminal Procedure. --------- MD.AFTAB HUSSAIN @ RAJA, son of Ashique Hussain, resident of village-Chaudhary Mohalla, P.S.-Katihar, District- Katihar ---------------Petitioner. Versus 1. THE STATE OF BIHAR 2. ABAD MOHAMAD, son of late Mohamudur Rahman, resident of Mohalla-Chaudhary Mohalla, Ward No. 32, P.S. Katihar, District-Katihar. -------------- Opposite Parties. Appearance For the petitioner : Mr. S. Arshad Alam For the O.P. No. 2: Mr. Md. Sufiyan For the State : Mr. Ansarul Haque ----------- P R E S E N T THE HON'BLE MR. JUSTICE JYOTI SARAN Jyoti Saran,J. Heard Mr. S. Arshad Alam, learned counsel for the petitioner, Mr. Md. Sufiyan, learned counsel appearing on behalf of opposite party and Mr. Ansarul Haque, learned Additional Public Prosecutor. This application filed under Section 482 of the Code of Criminal Procedure is directed against the order taking cognizance dated 30.6.2006 passed by the Judicial Magistrate, Ist Class, Katihar in Complaint Case No. 2613 of 2005, whereby 2 the Magistrate has taken cognizance under Section 385 of the Indian Penal Code against the petitioner. It so appears that a F.I.R. had earlier been instituted by the complainant-opposite party no. 2 giving rise to Katihar P.S. case No. 218 of 2005 against the present petitioners for commission of offences punishable under Sections 386 and 384 of the Indian Penal Code. However, a final form was submitted in favour of the present petitioners prompting the complainant-opposite party no. 2 to file a protest petition upon which the court below was pleased to take cognizance giving rise to the present application. At the same time, on the basis of the final form submitted by the Police recommending prosecution of the complainant-opposite party no. 2, the court below took cognizance against the complainant-opposite party no. 2 under Sections 182 and 211 which order was assailed before a Bench of this Court through Criminal Misc. No. 33051 of 2006 (Abad Mohammad Vs. State of Bihar & another). The said application came up for consideration before a Bench of this Court and was disposed of vide order dated 14.12.2006 taking note of the proceedings which is the subject matter of the present case as also which was the subject matter of the said case. The Court upon consideration of the issues was pleased to dispose of the said application with a direction to the court below to proceed with hearing of the two cases analogous upon the filing of an application by either of the parties. Though the 3 said application was disposed of with a direction of hearing of two cases analogous on 14.12.2006, the present application though came to be filed on 28.2.2007 and was admitted on 18.2.2008, an interim order was passed staying the proceedings in the court below. Learned counsel appearing on behalf of opposite party no. 2 has filed a counter affidavit bringing on record the order passed by a Bench of this Court in the said Criminal Misc. No. 33051 of 2006 directing for analogous hearing of the cases. Regard being had to the circumstances set forth, I am not inclined to exercise the jurisdiction vested under Section 482 of the Code of Criminal procedure and the present application is also disposed of in terms of the observations made in the order dated 14.12.2006 passed in Criminal Misc. No. 33051 of 2006. Let the court below proceed in terms of the direction contained therein. The application stands disposed of. Patna High Court Dated 21st December, 2010 N.A.F.R./S.Sb/- (Jyoti Saran, J.)