Full Judgment
23. 01-2012 Learned counsel for the petitioner is permitted to add Gauri Devi, the informant of the case as opposite party no.2 to this application during the course of the day. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is aggrieved by the order dated 25.11.2011 passed in Spl. (H) Case No.25 of 2011 arising from Warisaliganj P.S. Case No. 18 of 2009 whereby the learned 1st. Additional Sessions Judge, Nawadah has been pleased to reject the petition filed on behalf of the petitioner for discharge under section 228 of the Code of Criminal Procedure. The substance of allegation against the petitioner as set out in the F.I.R. which is a part of Annexure-1 is that Patna High Court Cr.Misc. No.755 of 2012 (2) dt.23-01-2012 2 while the informant along with two others were going for attending the natural call, this petitioner intimidated her by abusing her in caste name and which was witnessed by two others. An allegation of assault was also made against this petitioner. Learned counsel for the petitioner submits that by reason of certain illegal act committed by the informant of the present case a case was also instituted by the son of the present petitioner giving rise to Warisaliganj P.S. Case No.19 of 2009. It is contended that the parties having decided to resolve the dispute filed a joint petition in the court of learned Chief Judicial Magistrate, Nawadah in both the cases submitting to the jurisdiction of the court that they do not want to proceed with the matter. The compromise petition though having been taken note by the learned 1st Additional Sessions Judge, Nawadah while considering the discharge petition of the petitioner but considering the materials gathered during the course of investigation the compromise was not given merit and the petitioner was directed to be present for framing of charge. Issue notice to opposite party no.2 under ordinary process as well as under registered cover with A/D for Patna High Court Cr.Misc. No.755 of 2012 (2) dt.23-01-2012 3 which requisites etc. must be filed within one week, failing which this application shall stand rejected without further reference to the Bench. Put up after service of notice. In the meantime, further proceedings in Spl. (H) Case No.25 of 2011 arising from Warisaliganj P.S. Case No.18 of 2009 pending in the court of learned 1st Additional Sessions Judge, Nawadah shall remain stayed. Let the order aforesaid be communicated to the court concerned by fax at the cost and expense of the petitioner. (Jyoti Saran, J.) S,K,Pathak/