Full Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43536 of 2010 Brijesh Kumar @ Biresh Kumar Versus The State Of Bihar ---------------------------------- 2. 13.01.2012 The present application has been filed for quashing the order dated 24.09.2010 passed in complaint case no. 1346(c)/2010 by the Judicial Magistrate Ist Class, Patna, under Section 307 of I.P.C. According to paragraph 9 of the complaint filed by one Christopher James Rozario, the accused Brijesh Kumar had cancelled the supply of insulin to him from 02.12.2009 to 07.12.2009, well knowing that it is a life- saving drug, with a view to ensure that he suffers from Hyperglycemic Coma and is finally done to death. Learned counsel for the petitioner on the other hand refers to Annexure-2 series in support of his stand that he was on leave for the period from 26.11.2009 to 07.12.2009 and he has no involvement in the offence as alleged. He further states that the complainant is an accused in various cases and his present address is not ascertainable. Learned counsel is permitted to implead the complainant as O.P. No.2. Issue notice to the newly added Opposite Party No.2 by ordinary process to be served upon the complainant through his counsel appearing before the learned Court below through the office of the learned Court below. In the event that no counsel is appearing, let the notice be kept on the record of the learned lower Court for being served upon the complainant as and when he appears. Requisites for the above must be filed within two weeks. In the meantime further proceeding in complaint case no. 1346(c)/2010 pending in the Court of Judicial Magistrate Ist Class, Patna, shall remain stayed. Put up this case soon after service of notice. ( Vikash Jain, J.
) Fahad.