IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17881 of 2010 SHAMBHU NATH JHA son of Sri Hari Shanker Jha, resident of village- Gorapur (Maranchhi) P.S. Mansoorchak, District- Begusarai ….Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 07.01.2011 Heard the parties. The petitioner prays for quashing of the order dated 7.4.2010 passed in Mansoorchak P.S. case no.33 of 2007 (G.R. No.1136 of 2007) by the Judicial Magistrate, 1st class, Begusarai, by which he has refused to discharge the petitioner from the liability of prosecution in which cognizance has been taken under sections 379 and 188 Indian Penal Code. It has been submitted that, admittedly, the occurrence had taken place after the proceeding under section 144 Cr. P. C. had been dropped and, therefore, there was no question of any ingredients of section 188 Indian Penal Code. Further submission is that the land, in question, was in possession of the petitioner and, therefore, no theft of crop would also be made out against the accused. Considering the same, this application is allowed and the entire proceeding including the order dated 7.4.2010 passed in Mansoorchak P.S. case no.33 of 2007 by the Judicial Magistrate, 1st class, Begusarai, is hereby quashed. The application stands allowed. JA/- (Anjana Prakash, J.)