IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17021 of 1998 ANJANI AGARWAL @ ANJALI AGARWAL, Minor daughter of Shri Y.C. Agrawal, Resident of 286, New Patliputra Colony, P.S. Patliputra, Distt-Patna. ………Petitioner Versus 1.STATE OF BIHAR ………O.P. No.1 2.Shri Tariq Sohail, Son of Sri Sayeed Sohail Ahmad Nomani, Resident of New Patliputra Colony, Flat No.32, Galaxy Apartment-2, District-Patna…….O.P. No.2 ----------- 6. 11-Mar-2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. 2. Petitioner has questioned the legality and validity of order of cognizance dated 28.7.1998 passed by learned Chief Judicial Magistrate, Patna in Case No. 65 of 1998 arising out of Patliputra P.S. Case No. 65 of 1998 under Sections 279 and 427 of the IPC. 3. On the basis of FIR in which the informant has disclosed the age of the petitioner at the time of vehicle accident allegedly caused by her to be 10-12 years, it has been submitted that learned Chief Judicial Magistrate should not have taken cognizance against the petitioner and instead the matter should have been referred to the Juvenile Justice Board or to any other competent authority who could proceed with the matter under the Juvenile Justice Act. It has further been submitted that long period of 12 years have elapsed since the alleged accident in 2 which only a motorcycle of the informant was damaged and hence interest of justice does not require that the proceeding should continue any further because as a juvenile the petitioner has suffered enough mental and other kind of agony due to pendency of such criminal case against her. 3. The copy of FIR available on record supports the aforesaid submission that at the time of accident the petitioner was aged 10-12 years. In that view of the matter the cognizance order has to be declared as bad in law. Accordingly, it is quashed. 4. On considering the other submission, this Court is of the view that no useful purpose will be served by asking the petitioner now to face a proceeding under the Juvenile Justice Board. She has been sufficiently penalized on account of pendency of this criminal case against her for 12 years. In that view of the matter, while quashing the order of cognizance, the entire criminal case against her is also quashed with a warning that petitioner should be careful in future while driving vehicle on public road. perwez (Shiva Kirti Singh, J.)