Rishikesh Kumar Sharma @ Rishikesh Kumar and anr Vs. the State of Bihar and anr

patna high court cr.misc. no.9 of 2011 (2) dt.23-01-2012 in the high court of judicature at patna criminal miscellaneous no.9 of 2011 ====================================================== rishikesh kumar sharma @ rishikesh kumar & anr .... .... petitioner/s versus the state of bihar & anr .... .... opposite party/s ====================================================== appearance : for the petitioner/s : mr.mahesh narayan parbat,advocate. for the opposite party/s : mr. a.p.p. ====================================================== coram: honourable mr. justice shivaji pandey oral order (per: honourable mr. justice shivaji pandey”23. 01-2012 heard learned counsel for the petitioners and learned counsel for the state. this application has been filed for quashing the order dated 7.5.2010 passed by the judicial magistrate ist class, muzaffarpur in complaint case no.2091 of 2007, tr. no.3600 of 2010 by which the learned magistrate has taken cognizance against the petitioners under sections 341, 323 and 379 of the indian penal code and also for quashing the entire proceeding. learned counsel for the petitioners submits that according to the first information report it appears that all sections are triable under the panchayat raj act as the petitioners belong to village- chapra megh, gram panchayat raj chapra megh and as such the cognizance patna high court cr.misc. no.9 of 2011 (2) dt.23-01-2012 taken by the trial court is an abuse of the process of the court. issue notice to opposite party no.2 under ordinary process as well as registered post with a/d for which requisites etc. must be filed within a week, failing which this application as against him shall stand rejected without further reference to the bench. in the meantime, further proceedings in complaint case no. 2091 of 2007, tr. no. 3600 of 2010 pending in the court of the judicial magistrate, ist class, muzaffarpur shall remain stayed. (shivaji pandey, j.) vinay//-