IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4990 of 2008 ================================================= ===== Sanjay Kumar son of Sri Ram Nandan Singh, resident of Mohalla- Ghagha Ghat, P.S. Sultanganj, District-Patna. .... .... Petitioner Versus 1. The State Of Bihar. 2. Lalan Sharma son of Munna Lal Sharma, R/o Ghagha Ghat, Near Mandir, P.S.-Sultanganj, District-Patna .... .... Opposite Parties ================================================= ===== Appearance :- For the Petitioner : Mr. Y.C. Verma, Sr. Adv. Mr. Javed Aslam, Adv. Mr. S.K. Mallick, Adv. For the Opposite Parties : Mr. Arbind Kumar Monar, Adv. Mr. Harish Kumar, Adv. For the State :- Mr. Jharkhandi Upadhayay, A.P.P. 8 30-11-2011 Heard learned counsel for the petitioner, learned counsel for opposite party no. 2 and learned Additional P.P. for the State. Petitioner has approached this Court under section 482 of Criminal Procedure Code to quash the order dated 27.01.2007, passed in Sultanganj P.S. Case No. 483 of 2004 by the Additional Chief Judicial Magistrate, Patna City, Patna taking cognizance of the offence under section 504 of Indian Penal Code against accused-petitioner. The learned counsel appearing on behalf of petitioner submits that while the First Information Report was lodged on the basis of the complaint petition of the informant-Lalan Sharma under section 448, 380, 323 and 504 of the Indian Penal Code, but the police submitted the charge- sheet under section 504 of the Indian Penal Code against the accused- 2 petitioner. It has also been submitted that on perusal of the complaint petition, which is the basis of the First Information Report, offence under section 504 of the Indian Penal Code is not made out against the accused- petitioner. Moreover, none of the witnesses in course of investigation have supported the prosecution case. It appears that on the basis of the complaint petition, numbered a Complaint Case No. 941 of 2004 filed by the opposite party no. 2, Lalan Sharma, in the Court of Additional Chief Judicial Magistrate, Patna, Sultanganj P.S. Case No. 483 of 2004 was instituted under sections 448, 380, 332 and 506/34 of the Indian Penal Code against accused-petitioner. In the complaint petition, the complainant-opposite party no. 2 has made allegation that on the alleged time and date of occurrence, the petitioner along with one unknown entered into the house of the complainant-informant-opposite party no. 2, Lalan Sharma, forcibly and abused him. On making protest by the complainant-informant-opposite party no. 2, the accused-petitioner and one unknown assaulted him through fists and slaps and snatched silver chain of the complainant and has also taken Rs. 25,000/- from him on giving threatening. On investigation, the police submitted charge-sheet under section 504 of the Indian Penal Code and the learned Additional Chief Judicial Magistrate, Patna on perusal of the case diary and charge-sheet took the cognizance of the offence under section 504 of the Indian Penal Code through the impugned order dated 27.01.2007. Apparently there is nothing in the impugned order to show any illegality amounting to abuse of the process 3 of the Court. As far as the submission of learned counsel for the petitioner that the witnesses have not supported the prosecution case is concerned, this defence could be looked into at the time of framing of charge or appropriate stage by the trial Court. Accordingly, this application is dismissed. Safik (Rajendra Kumar Mishra, J)