1. Heard learned counsel for the petitioner, the State and the counsel appearing for the informant.

2. Petitioner Krishna Murari Yadav, Mayor of Patna Municipal Corporation, named accused in Kotwali P.S. Case No. 292 of 2005, has filed this application for quashing the order dated 28.7.2005 and 4.8.2005, passed by the C.J.M., Patna in Kotwali P.S. Case No. 292 of 2005. By order dated 28.7.2005 the C.J.M. Patna has issued warrant of arrest under Section 73 of the Cr.P.C. against the petitioner and other accused persons, on an application filed by the Investigating Officer of the case. By order dated 4.8.2005 an order of proclamation has been passed under Section 82 of the Criminal Procedure Code (hereinafter to be referred to as the Cr. P.C.). The petitioner has challenged both these orders on the ground that the orders have been passed in violation of the settled law as well as against Rule 236 of the Civil Court Rules, Rules 118, 288 and 289 of the Bihar Police Manual, and mandatory provisions under the Criminal Procedure Code.

3. Facts of the case are that one Naresh Kumar Yadav gave his Fardbeyan before the police on 25.7.2005 on the same day at about 3 P.M. he got a tel