IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30732 of 2007 1. Karan, son of Arun Kumar Sinha resident of Taluka Apartment Flat No. 402 Near Sant Paul School Police Statioin- Budha Colony District- Patna. 2. Surya Bodh Kumar @ Surya Bodh son of Sri Kanahaiya Lal Kharbar, resident of Raja Bajar Road NO. 8, DM Khatal Police Station – Dhigha District-Patna. … Petitioners Versus State Of Bihar … Opposite party ----------- 6. 16.02.2010 Heard learned counsel for the petitioner and learned counsel for the State. The prayer of the petitioner for quashing of the order taking cognizance dated 16.11.2006 for offence u/s 343 and 323 I.P.C. has to be allowed in view of the fact that the allegations barring a vague reference in the first information report does not get any independent corroboration. Counsel for the State having perused the case- diary also informs this court that in paragraph 27 and 37 in the statement of Principal of the School as also the tempo driver, there is a clear suggestion that the case was lodged due to confusion and in fact no such incident had ever taken place. That being so, once this court finds that there was no material against the petitioners for their prosecution and thus continuation of criminal prosecution 2 against them would be a gross abuse of the process of the court and accordingly, the impugned order taking cognizance is set aside. This application is accordingly allowed. kanchan (Mihir Kumar Jha, J.)