IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41456 of 2006 RAMLAKHAN MANDAL @ LAKHAN MANDAL & ORS Versus STATE OF BIHAR & ANR ----------- 8. 9.5.2008. This application under Section 482 Cr.P.C. has been filed to quash the order of cognizance dated 12.7.2006 passed by Sub Divisional Judicial Magistrate, Rosera in C.R. No. 1075 of 2005 thereby cognizance has been taken against the petitioners under Sections 323, 341, 379, and 504/34 I.P.C. Heard learned counsel for the petitioners. No one appears on behalf of opposite party no. 2 in spite of service of notice. It is submitted by learned counsel for the petitioners that entire case is false and baseless. No such occurrence ever took place. The real fact is that the petitioner no. 1 and the opposite party no. 2 are full brothers. Earlier the wife of petitioner no. 1 lodged a case in Hathauri Police Station against the complainant and his wife under Sections 341, 323, 379, 506 I.P.C. The police registered the case and conducted investigation. In retaliation, this complaint case was lodged on 13.12.2005. It is further submitted that in the course of enquiry under Section 202 Cr.P.C. witnesses examined by complainant also did not fully support the allegation levelled against these petitioners. The allegation is also improbable and not fit to be believed. The case has been filed just to wreak vengeance against the petitioners for the case filed by the wife of petitioner no.1. - 2 - Considered the submissions of learned counsel for the petitioners and perused the complaint petition as well as fardbeyan lodged by wife of the petitioner no. 1 which is Annexure-2. Thus, having regard to the facts and circumstances, it is quite apparent that this case has been lodged by opposite party no. 2 in retaliation of earlier case lodged by wife of petitioner no.1. It is out and out misuse of the process of the Court. It is actually filed to wreak vengeance against the petitioners. Accordingly, this application is allowed. Impugned order of cognizance dated 12.7.2006 passed by Sub Divisional Judicial Magistrate, Rosera in C.R. No. 1075 of 2005 is, hereby, quashed. kanchan (Ghanshyam Prasad, J.)