IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28090 of 2009 1. Harendra Ram, S/O-Bharat Ram 2. Nagendra Ram, S/O-Bharat Ram 3. Bharat Ram, S/O-Late Ratan Ram All resident of village-Bodha, Chapra, P.S.-Awatar Nagar, District-Saran at Chapra 4. Raj Kumar Ram @ Raj Kumar, S/O-Munna Ram, resident of Village-Basant, P.S.-Garkha, District-Saran at Chapra ………..Petitioners Versus 1. The State of Bihar 2. Suresh Ram, S/O-Lallan Ram, resident of village-Bodha Chapra P.S.- Awatar Nagar, District-Saran at Chapra ………..Opposite Parties ----------- 03 09.09.2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. In my view, this petition can be disposed of at admission stage itself without issuance of notice to opposite parties. This petition under Section 482 of the Cr.P.C. has been preferred against order dated 12.05.2009 passed by learned Sub Divisional Judicial Magistrate, Chapra in Complaint Case No. 3275 of 2008 corresponding to Trial No. 3433 of 2009 by which and whereunder he having found prima facie case under Sections 147, 341, 323 and 504 of the Indian Penal Code ordered to issue process against the petitioners. Shorn the unnecessary details, suffice is to say that Opposite Party No. 2 filed complaint case bearing Complaint Case No. 3275 of 2008 against the petitioners and other persons on the allegation that on 04.09.2008 at about 05:30 P.M. he was mercilessly assaulted by the petitioners and other persons and the aforesaid persons also snatched his belongings and took forcibly his signature on a plain paper. The Opposite Party No. 2 was taken to Chapra 2 hospital and on 05.09.2008 his Ferdbeyan was recorded by the concerned police official but no case was instituted and, thereafter he filed the above stated complaint case on 01.10.2008. The aforesaid complaint case was enquired under Section 202 of the Cr.P.C. and having found prima facie case, the learned Sub Divisional Judicial Magistrate, Chapra passed the impugned order under Section 204 of the Cr.P.C. The contention of learned counsel for the petitioners is that the wife of petitioner no. 1 lodged Awtarnagar P.S. Case No. 58 of 2008 on 04.09.2008 against the Opposite Party No. 2 and others for the offences under Sections 147, 148, 149, 447, 323, 341, 324, 379 and 504 of the Indian Penal Code and, as a matter of fact, the above stated Complaint Case No. 3275 of 2008 has been brought by the Opposite Party No. 2 only to put pressure upon the petitioners, who have been shown as witnesses in the above stated Awtarnagar P.S. Case No. 58 of 2008. It is further contended by him that several persons including the petitioners sustained injuries in the above stated Awtarnagar P.S. Case No. 58 of 2008 and after institution of the above stated case, the Opposite Party No. 2 filed above stated complaint case after 27 days of the alleged occurrence and the aforesaid ground is sufficient to quash the impugned order as well as Complaint Case No. 3275 of 2008. Admittedly, after due enquiry under Section 202 of the Cr.P.C., the learned court below having found prima facie case 3 ordered to issue process against the petitioners and, in my view, mere filing of the counter case is not sufficient to quash the entire complaint case bearing Complaint Case No. 3275 of 2008. On the basis of aforesaid discussions, I do not find any ground to quash the impugned order as well as proceeding of Complaint Case No. 3275 of 2008, at least, at this stage. Accordingly, this petition stands dismissed on admission stage itself. Let this order be communicated to the court of Sub Divisional Judicial Magistrate, Chapra in connection with Complaint Case No. 3275 of 2008 corresponding to Trial No. 3433 of 2009. SHAHZAD ( Hemant Kumar Srivastava, J.)