IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38106 of 2007 1. SATYENDRA SINGH, son of Late Ram Akhilesh Singh, 2. Janeshwar Singh @ Janeshwar Prasad Singh, son of Late Ram Akhilesh Singh 3. Awadh Singh son of Ram Swaroop Singh, 4. Surendra Singh @ Surendra Prasad Singh, son of Ram Swaroop Singh, & 5. Uday Singh son of Late Ram Pukar Singh All resident of village- Akorha, P.S. Daudnagar, District- Aurangabad ...Petitioners Versus 1. THE STATE OF BIHAR & 2. Mina Devi @ Mina Kuer wife of Late Shyam Sundar Singh, resident of village- Akorha, P.S. Daudnagar, District- Aurangabad …Opposite Parties ----------- 3/ 19.02.2010 Heard counsel for the parties. The petitioners have filed this application for quashing the order dated 11.7.2007 passed by the Chief Judicial Magistrate, Aurangabad, in connection with Complaint case no.831 of 2006, by which cognizance has been taken for the offence punishable under sections 380, 323, 325, 342/34 of the Indian Penal Code. Brief facts of the complaint filed on 16.10.2006 is that on 20.8.2006, when opposite party no.2 (complainant) went to the petitioners, who are her brother-in-law, for the share of her deceased husband’s land, she was variously assaulted by the present petitioners. Incidentally, for the same occurrence, the complainant’s second husband Nand Kishore Singh, filed First Information Report being Daudnagar P.S. case no.128 of 2006 on 20.8.2006 i.e. two months earlier to the filing of the present case. During the pendency of the First Information Report, the present complaint has been filed and the submission is that it is completely superfluous and second complaint for the same occurrence is barred in law since it would cause double - 2 - jeopardy to the accused persons. From the documents annexed, I find that there is no difference in the allegation and I am informed that chargesheet has been submitted in Daudnagar P.S. case no.128 of 2006, and, therefore, the present complaint is nothing but an abuse of the process of the court. In view of such, this application is allowed and the order dated 11.7.2007 passed by the Chief Judicial Magistrate, Aurangabad, in Complaint case no.831 of 2006 taking cognizance against the petitioners under sections 380, 323, 325, 342/34 of the Indian Penal Code is hereby quashed in so far it relates to the petitioners only. The application stands allowed. JA/- (Anjana Prakash, J.)