The present writ application has been filed under Articles 226 and 227 of the Constitution of India for declaration that the procedure adopted by the Chief Judicial Magistrate, Patna, in dealing with Complaint Case No.1838-C of 2011 was illegal and thus, the order dated 27.07.2011 is fit to be set aside.

2. The Petitioner has sought the following reliefs:

(i) Learned Chief Judicial Magistrate, Patna, be commanded to proceed under the provision of Chapter XV or XVI of the Criminal Procedure Code in view of the order dated 12.07.2011 by which the learned Magistrate applied his mind on the complaint petition filed by the Complainant-Petitioner and put the matter for further proceeding as per prescribed procedure of the Code.

(ii) Learned Chief Judicial Magistrate, Patna, be commanded to proceed with the complaint case as per the normal rules and prescribed procedure defined under Chapter XV and XVI of the Code of Criminal Procedure.

(iii) Learned Magistrate be restrained from passing any order on the point of maintainability of the complaint petition as the case was never put for hearing on the point of maintainability rather it talks about further proceeding in the matter and no