Deepak Ram And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29289 of 2010 Arising Out of PS.Case No. -0 Year- null Thana -null District- MUNGER ===========================================================

1. Deepak Ram son of Sri Chunchun Ram

2. Chunchun Ram son of late Baso Ram

3. Dularia Devi wife of Sri Chunchun Ram, all residents of village Ranganidih, P.S. Dharhara and Distt. Munger .... .... Petitioner/s

Versus

1. The State of Bihar

2. Gunja Devi wife of Deepak Ram and daughter of Guru Deo Ram, resident of village Kharra Kasoya, P.S. Suryagharah, District Lakhisarai .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Sinha, Advocate For the Opposite Party/s : Mr. Binod Kumar 2, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 29-01-2016 The Petitioners seek quashing of the order of cognizance dated 2.7.2010 passed by the S.D.J.M., Munger in Complaint case No.1208C of 2007 on the ground that the present prosecution was on the basis of a second Complaint while the earlier one was dismissed on account of non-prosecution without any cogent reason. Having considered the Annexures 3 and 4, the application is allowed and the proceeding including the order of cognizance dated 2.7.2010 passed by the S.D.J.M., Munger in Complaint case No.1208C of 2007 is hereby set aside. (Anjana Prakash, J) Narendra/- U T