IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28453 of 2008 1. SMT.LAXMI DEVI W/o Jhabroo Mandal, & 2. Jhabroo Mandal S/o Late Chhutahroo Mandal Both are resident of village- Jamua, P.S. Araria (Tarabari), District- Araria …Petitioners Versus 1. THE STATE OF BIHAR 2. Saryug Jha, S/o Shri Achchanand Jha @ Udyanand Jha @ Achchanand Jha R/o- Jamua, P.S.-Tarabari, District- Araria …Opposite Parties ----------- 5/ 29.03.2011 Counter affidavit on behalf of the opposite party no.2 is being filed. Let it be kept with the record. Heard the parties. The petitioner seeks quashing of the order dated 19.03.2008 passed by the Chief Judicial Magistrate, Araria, in Araria (Tarabari) P.S. Case No. 444 of 2006, by which he has taken cognizance under sections 420, 494, 342, and 323 Indian Penal Code. The case of the complainant-opposite party no.2 is that he was the legally married husband of the petitioner no.1 and his marriage was performed in the year 1972, but she contracted second marriage in the year 1988 with the petitioner no.2 and also took away certain house hold articles from the house. Despite repeated demands for return of the same, the articles were not returned and, therefore, the present case was instituted on 19.09.2006 and on investigation the case was found to be false but cognizance was taken differing with the final report. It has been submitted that in the facts of the case no offence whatsoever is made out against the accused persons and the 2 complaint which has been filed belatedly is nothing but an attempt to malign the name of the petitioner no.1, who is presently Mukhiya, and it has been done only for character assassination. Considering that no offence under sections 420, 494, 342, and 323 Indian Penal Code is made out in the case in the facts of the case, I am inclined to allow this application. In the result, the order dated 19.03.2008 passed by the Chief Judicial Magistrate, Araria, in Araria (Tarabari)P.S. Case No. 444 of2006, by which he has taken cognizance under sections 420, 494, 342, and 323 Indian Penal Code is hereby set aside. The application stands allowed. JA/- (Anjana Prakash,J.)