Rajeev Ranjan Prasad, J. – The present writ application has been preferred for setting aside the order dated 09.07.2013 passed by learned Chief Judicial Magistrate, Sitamarhi in Complaint Case No. 1086/2013 by which a direction was given to the Officer-in-Charge of Sitamarhi Police Station to lodge a First Information Report. The learned Chief Judicial Magistrate, Sitamarhi passed the impugned order dated 15.07.2013 in exercise of his power under Section 156(3) of the Code of Criminal Procedure (hereinafter referred to as the “Cr.P.C.”). By virtue of the impugned order the Officer-in-Charge, Sitamarhi Police Station has registered Sitamarhi P.S. Case No. 695/2013 registered under Section 138 of the Negotiable Instruments Act, 1881 and Section 406 & 420 of the Indian Penal Code.

2. Learned counsel for the petitioner at the outset has drawn attention of this court towards order dated 17.02.2016 passed by a learned co-ordinate Bench of this court by which while granting time to the learned counsel representing the State to seek instruction, an interim order directing that further proceedings in connection with Sitamarhi P.S. Case No. 695/2013 shall remain stayed. It has however been ma