Shiv Chandra Jha And ORS. v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39534 of 2011 Arising Out of PS.Case No. -6 Year- 2010 Thana -Jhanjharpur District- MADHEPURA ===========================================================

1. Shiv Chandra Jha Son of Dev Chandra Jha

2. Sharat Chandra Jha Son of Dev Chandra Jha

3. Anand Chandra Jha son of Dev Chandra Jha

4. Kameshwar Mandal son of Jholi Mandal

5. Ram Sewak Mandal son of Bhullak Mandal

6. Mohan Kumar Jha son of Indra Kant Jha

7. Ganga Prasad Mandal son of Laxman Mandal

8. Ayodha Nath Jha son of Manmohan Jha

9. Prabhakar Jha son of Ayodha Nath Jha

10. Santosh Jha son of Kuar Jha

11. Bechan Jha son of Digamber Jha

12. Kunal Chandra Jha son of Sarat Chandra Jha

13. Nutan Jha wife of Shiv Chandra Jha

14. Ram Krishna Jha son of Devi Krishna

15. Amod Jha son of Yugeshwar Jha

16. Pramod Jha son of Kantir Jha

17. Satya Narayan Mishra son of Jeewach Mishra

18. Subhash Chandra Jha son of Mahendra Jha

19. Prem Narayan Jha son of Devendra Jha

20. Anand Kumar Jha son of Manthu Jha

21. Roshan Kumar Jha son of Nirbhay Jha

22. Bharosi Rai son of Sanchit Rai

23. Sanjeev Kumar Jha son of Sita Ram Jha

24. Parmeshwar Rai son of Bharosi Rai

25. Rajesh Jha son of Hare Krishna Jha

26. Vinay Jha son of Sitaram Jha

27. Ram Narayan Jha son of Utim Lal Jha

28. Ajay Narayan Jha son of Subh Narayan Jha

29. Nilamber Jha S/o Batuk Nath Jha, all resident of village Ganauli, P.S. Anharathari, District Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar

2. Islam Sah son of Manir Sah, resident of village Pastan, P.S. Anharathari, District Madhubani .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Amish Kumar, Advocate For Opposite Party No.2 : None =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 10-02-2015

Patna High Court Cr.Misc. No.39534 of 2011 dt.10-02-2015 2/3 No one appears on behalf of the Opposite Party No.2 on repeated dates.

The Petitioners seek quashing of the order of cognizance dated 1.8.2011 passed by the court of Sri D.K. Tiwari, J.M. 1st class, Jhanjharpur, Madhubani in Complaint case No.6 of 2010 (Trial No.822 of 2011).

The case of the Complainant is that on the occasion of Muharram when it was decided that Tajia would be performed near a certain area, a group of accused persons obstructed and assaulted him. It has been submitted on behalf of the Petitioners that fact of the matter is that the District Administration had instituted Anharathari P.S. case No.99 of 2009 against the Complainant and others on 28.12.2009 for having committed public nuisance on such occasion. It is in retaliation that the present Complaint was filed by the Complainant.

Having gone through the Complaint Petition and the nature of allegations as well as the version in the First Information Report instituted by the District Administration in regard to the occurrence, I would be inclined to hold that the present Complaint filed belatedly is nothing but an abuse of the process of the Court and deserves to be set aside.

Hence, the application is allowed and the proceeding

Patna High Court Cr.Misc. No.39534 of 2011 dt.10-02-2015 3/3 including the order of cognizance dated 1.8.2011 passed by the court of Sri D.K. Tiwari, J.M. 1st class, Jhanjharpur, Madhubani in Complaint case No.6 of 2010 (Trial No.822 of 2011) is hereby set aside.

However, the quashment of the present proceeding shall have no bearing on the counter version.

(Anjana Prakash, J) Narendra/- U T