IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31311 of 2008 BABITA KUMARI Versus STATE OF BIHAR & ANR With Cr. Misc. no.31326 of 2008 Babita Kumar @ Babita Devi Versus State of Bihar & ors. ------- 2. 29.7.2008 Heard both the petitions. Let lower court take up hearing of the cancellation petition which, as per submission, has been filed and copy of which appears as Annexure-4 to the present petition. As fact stands, the Court is not inclined to exercise its jurisdiction if a Magistrate could exercise the same in the light of section 437 (5) of the Code of Criminal Procedure. The petitions are dismissed. sudip ( Dharnidhar Jha, J ) -