IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.278 of 2011 1. Tara Abhishek @ T.Abhishek, son of Taraknath Sharma. 2. Taraknath Sharma, S/o Late Mathura Pd. Sharma. 3. Tannu D/o Naynuddin Versus 1. The State of Bihar 2. Annpurna, W/o Ajoy Bhardwwaj-A.S.I. C.R.P.F. Camp P.S.- Rajeevnagar, District-Patna. ----------- 2 08.11.2011 Learned counsel for the State is absent. Heard learned counsel for the petitioners who has challenged the order dated 07.08.2010 passed by learned Chief Judicial Magistrate in connection with Rajeev Nagar P.S. Case No.51 of 2009 whereby and where under petitioners have been summoned to face trial for an offence under Section 504 of the I.P.C. Simple submission of behalf of the petitioners is that though at an initial stage the case was registered under Section 341, 323, 376, 511, 379, 34 of the I.P.C., but after completing investigation the whole allegation has been found false and so the police had submitted charge sheet only under Section 504 I.P.C. Because of the fact that the major allegation has been discredited during course of investigation therefore the learned lower court should not acceded with conclusion of the I.O. and further did not have summon the petitioners to face trial for an 2 offence punishable under Section 504 of the I.P.C. Also submitted that the real fact is that the informant has got no good relation with her husband and in the aforesaid background, petitioners have directed them to vacate the house as the informant and her husband was tenant and so out of malice and grudge instant case has been filed. So far merit of the case is concerned the C.J.M. happens to be at liberty to either reject, accept the police report or may direct for further investigation. As such, acceptance of finding of the police report appears to be valid one. With regard to assertion of the petitioner, it will be open for him to raise the plea at an appropriate stage of the trial and with the aforesaid observation, instant petition is disposed of. PN (Aditya Kumar Trivedi, J.)