Ram Naresh Prasad v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43646 of 2011 ====================================================== Ram Naresh Prasad, S/O Late Bindhyachal Prasad, presently residing at Sohanipatti, P.O.- Sohanipatti, P.S.- Buxar, District- Buxar .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Paramhans Sharma, S/O Late Bhawani Sharma, Residing At MohallaKaji Gali, Ward No.- 13, Police Station- Dumraon, District- Buxar, Permanent Address Village & P.O.- Siyarampur Pali, District- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Bihari Sinha, Adv. For the Opposite Party/s : Mr. C. Sen Pd. Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 06-02-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order of cognizance dated 10.2.2011 passed by Shri K.M. Tiwari, 1st Class, Judicial Magistrate, Buxar, in Complaint Case No. 337(C) of 2010 On 18.4.1997, an occurrence had taken place for which two cases were instituted from either side. The case instituted on the part of the Petitioner proceeded in Trial and the Complainant and others were convicted.

The complaint filed on behalf of the Complainant was sent for investigation under Section 156(3) which ended in Final Report and the same was accepted. Then a Protest-cum-Complaint petition was filed which was also dismissed. The Complainant then

Patna High Court Cr.Misc. No.43646 of 2011 dt.06-02-2015 2/2 went to the Revisional Court which set aside the order of dismissal of Complaint and directed further enquiry upon which cognizance was taken. However, this Complaint was once again dismissed on 30.5.2006 on account of non-compliance of issuance of summons. Thereafter, once again, another Complaint was filed in the year 2006 which was also dismissed on 31.3.2010. Thereafter, the present Complaint was filed with allegation that the accused persons came into his house and assaulted him as also committed theft of personal property.

Having considered the background facts and the history of the manner in which earlier Complaints were pursued by the Complainant, I would be inclined to hold that the present Complaint is nothing but an abuse of the process of the Court and deserves to be set aside.

In view of such, the application is allowed and the order of cognizance dated 10.2.2011 passed by Shri K.M. Tiwari, 1st Class, Judicial Magistrate, Buxar, in Complaint Case No. 337(C) of 2010 is hereby set aside.

(Anjana Prakash, J) S.Ali/- U T