ASHOK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the cases arise out of same order i.e. order dated 19.02.2010 passed in Ahiyapur P.S. Case No.81 of 2001 , T.R. No.538 of 2010 by the learned Chief Judicial Magistrate, Muzaffarpur and, as such, both the cases have been heard together and are being disposed of by this common order.

(2.) BY order dated 19.02.2010, the learned Chief Judicial Magistrate has rejected the petition dated 09.02.2010 filed by the petitioner in the second case i.e. in Dr. S.K.Jayaswal&aposs case. Petition was filed by the petitioner before the learned Chief Judicial Magistrate for proceeding with the case as summons trial case and not as warrant case. Learned Chief Judicial Magistrate, while dismissing the petition, directed the accused persons to remain present on 08.03.2010 for framing of charge.

(3.) THEREAFTER , a petition was filed on behalf of Dr. S.K.Jayaswal on 18.12.2006 under Section, 228 of the Code of Criminal Procedure in view of order passed by this Court in Cr. Misc.No.29016 of 2002. The petitioners in either of the petitions have not brought on record the order dated 26.02.2007 passed by the learned Sessions Judge -cum - F.T.C. no.3. However, at the time of hearing, learned counsel for the petitioners has produced a photo copy of the order dated 26.02.2007, which is kept on record.