IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19837 of 2007 Suresh Singh, Son of Rajendra Prasad Singh, resident of Village- Hasanpur, P.S.Jandaha, District-Vaishali ------- Petitioner Versus 1. The State of Bihar. 2. Shiv Kumar Singh, Son of Sri Mushan Singh, Resident of Village-Hasanpur,Bujurg, P.S. Jandaha, District-Vaishali ------------- Opp.Parties ----------- For the petitioner : M/S. Surendra Kishore Thakur, and S.P.Parasar, Advocates For the State : Mr.Jharkhandi Upadhaya, A.P.P. For Opp.Party no.2 : Mr. Dharmesh Kumar , Advocate. ------------- O R D E R Through this application , one of the persons arrayed as accused in complaint case, bearing no.C1-771 of 2001 , has prayed for the quashing of the order dated 12.2.2002 passed by Sushri Sangita, Judicial Magistrate, First Class, Vaishali at Hajipur, whereby she has taken cognizance under Sections 420,467,468 and 120B I.P.C. It appears that initially the complainant Shiv Kumar Singh, impleaded as Opp.Party no.2 herein, had filed Complaint Case no.C1- 647 of 1999, which had been transmitted to the concerned Police Station under Section 156(3) Cr.P.C. on the basis whereof Hajipur Town P.S. Case no.140 of 1999 came to be registered. After due investigation, the police submitted final form and the protest petition filed by the complainant in the meantime proceeded as a complaint case, which is the instant case. It is averred by the petitioner in paragraph-2 of this application that he had filed Cr.Misc.No.19270 of 2004 against the - 2 - order dated 12.2.2002, which was dismissed for non-compliance of peremptory order. For restoration of the same Cr.Misc.No.55012 of 2006 was filed, but that too was dismissed. It is not divulged if the dismissal of the restoration case was on merit or on account of non- prosecution. If it was on account of non-prosecution, another application for restoration could have been filed but that was not done. In any event, the impugned order dated 12.2.2002 had become final. It would appear from the averments aforesaid that the question of mala fide of order dated 12.2.2002 having been dismissed by this Court, as stated above, the order has become final and no second application under Section 482 Cr.P.C. is maintainable for quashing of the said order. Accordingly, there is no merit in this application and the same is dismissed as not maintainable. (Abhijit Sinha, J.) Patna High Court, Patna Dated : the 23rd January,2009 Nawal Kishore Singh/ A.F.R.