IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48635 of 2007 1. RADHID KHAN, SON OF LATE RAHIM KHAN. 2. RAYAJ AHMAD @ REYAJ, SON OF RASHID KHAN. 3. KHAIRUL NESHA WIFE OF RASHID KHAN. 4. NAJMA KHATOON WIFE OF SAHJAD AHMAD, ALL RESIDENT OF VILLAGE-DHANAUJI, POLICE STATION – PATHARWA, DISTRICT-KUSHINAGAR (U.P.). …PETITIONERS Versus 1. STATE OF BIHAR 2. KANIZ FATIMA, DUAUGHTER OF SK. ABDULLAH WIFE OF FAIYAJ AHMAD, RESIDENT OF VILLAGE-DHANAUJI KALA, P.O. FAJIL NAGAR, P.S. PATHERWA, DISTRICT- KUSHINAGAR, UTTAR PRADESH, AT PRESENT RESIDING IN VILLAGE-KHAPTOLA, P.S. THAKRAHA(BHITAHA) DISTRICT WEST CHAMPARAN. …OPPOSITE PARTIES. ----------- 04. 23.03.2010 Heard learned counsel for the petitioners and learned counsel for the State. In spite of valid service of notice on opposite party no.2, she has not entered appearance to contest the case. Petitioners are in-laws of the complainant. They are being prosecuted on the strength of a complaint(Complaint Case No.173C of 2007) lodged on 23.03.2007 alleging therein that after her marriage she was ill- treated by the husband and other in-laws and ousted from the matrimonial home. Bare perusal of the complaint would show that the complainant herself hails from Uttar Pradesh. The accused persons, too, are the residents of Uttar Pradesh. The marriage was also solemnized outside the territory of the State of Bihar. Ill-treatment, if any, was meted out to her at the matrimonial home, as noticed earlier, in the State of Uttar Pradesh. Thus, admittedly no part of the cause of action has taken place in the State of Bihar. Learned counsel for the petitioners states that few months - 2 - earlier to the present prosecution, the complainant had lodged an identical/similar complaint(Complaint Case No.1283/06) in the court of Judicial Magistrate, Kushinagar, Uttar Pradesh in which these petitioners along with the husband of the complainant are accused(s). They appeared in the court pursuant to the summon(s) and were granted bail on 29.01.2007. As soon as the complainant became cognizant of the grant of bail in favour of the petitioners, she in her own wisdom, filed the present complaint before the learned Addl. Chief Judicial Magistrate, Bagaha, West Champaran resulting in the impugned order. Counsel for the petitioners placed before this Court the contents of both the complaints (Annexures-1 & 2). It is submitted that the complainant acting astutely has suppressed the material facts inasmuch as she has not disclosed in the present complaint that earlier to this she was ill- treated leading to filing of a complaint in the court of Chief Judicial Magistrate, Kushinagar, in the State of Uttar Pradesh. On these facts, it has been contended that the impugned order taking cognizance of the case is malicious and continuance of this proceeding shall be sheer abuse of the process of the Court. This Court finds substance in the submissions of learned counsel for the petitioners. For the aforesaid reasons, the impugned order dated 14.06.2007, passed by the Sub-Divisional Judicial Magistrate, Bagaha, West Champaran in Trial No. 1937 of 2007 (Complaint Case No.173C of 2007), is quashed and set aside. hr ( Kishore K. Mandal )