IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.561 of 2010 RANDHIR SHARMA @ RUPESH Versus STATE OF BIHAR & ORS ----------- 6 3.9.2010 The petitioner prays for quashing the order dated 17.9.2008 passed by the Chief Judicial Magistrate, Katihar in connection with Nagar (Sahayak) P.S.Case No.271 of 2007 dated 17.6.2007 whereby he has issued process under section 83 Cr.P.C. against the petitioner on an unaffidavited application by the investigating Officer of the case. Learned counsel for the petitioner submits that the aforesaid order has been passed in a mechanical manner without any material basis. Further more the order is also in teeth of the order dated 30.1.2009 passed by this court in Cr.W.J.C.No.313 of 2008 (Randhir Sharma Vs State of Bihar), reported in 2010(1) PLJR 350. The petitioner submits that earlier he had challenged the order whereby warrant of arrest was issued against him under section 73 Cr.P.C.. This court had set aside the order issuing warrant as the same was filed within five days of the institution of the case without recording of any satisfaction that the petitioner was evading his arrest. Learned counsel further submits that the police again made requisition on 17.9.2008 for issuance of attachment which was duly granted by the learned Magistrate on 17.9.2008. The order of attachment has been issued in violation of requirement 2 KHAN mentioned in section 73 Cr.P.C., as enunciated in case of Randhir Sharma (supra) Learned State counsel submits that the petitioner is named in the F.I.R. and earlier processes were issued on the wrong address. The case is of the year 2007 and the petitioner has not surrendered in the court below. Having heard learned counsel for the parties, this court observes that if the petitioner files a fresh application raising his objection regarding issuance of attachment, the same would be disposed of on its own merits by the learned Magistrate or court in seisin of the matter without any prejudice. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)