1. Heard learned counsel for the parties.

2. The petitioner has prayed for quashing order dated 10.9.2004, passed in Criminal Revision No. 113 of 2003, by Additional Sessions Judge-cum-Fast Track Court No.3, Patna by which he confirmed order dated 28.7.2003, passed by Addl. Chief Judicial Magistrate, Khagaria in GR no. 339/2000, whereunder he allowed the prayer of opp. party no.2 contained in his petition dated 9.6.2003 giving him permission to make pairvi and to continue the proceeding in place of informant of the case, who died on 31.5.2003, and also allowed prayer of opp. party no.2 under Section 311 Cr.P.C. to adduce the evidence of additional witness whose names do not find mention in the column of charge sheet.

3. One Navin Kumar who is now deceased filed a written report dated 12.4.2000 giving rise to Alauli Police Station case no. 37 of 2000, under Sections 341, 342, 323, 504, 379 instituted against the petitioner and opp. party 2nd set i.e. Opposite party numbers 3 to 8. Police after investigation submitted charge sheet u/s 323 I.P.C. only and cognizance was also taken u/s 323 I.P.C, which is a non- cognizable offence.

4. The petitioner submits that Navin Kumar ha