IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12105 of 2008 1. Ranjit Prasad Singh, Son of Late Nagendra Prasad Singh, resident of Village-Chandwara, District-Vaishali. 2. Ram Udar Singh, Son of Late Raghunath Singh, resident of Village- Neknamtola, P.S. Barhara, District-Bhojpur. 3. Shambhu Prasad Yadav, Son of Sri Ram Ganesh Yadav, resident of Village-Faujdari, P.S. Pirpainti, in the District of Bhagalpur. .......Petitioners. -Versus- 1. The State of Bihar. 2. Mahanth Shyam Bihari Das, Son of Kedar Singh, Chela of Late Ram Ratan Das, resident of Village- Khamhar,P.S. Mufassil in the district of Begusarai..............................................Opposite parties. ----------- 2. 07.05.2010. In the present application the quashing of the cognizance under Section 323 of the Indian Penal Code dated 18.05.2007 passed by the learned Chief Judicial Magistrate, Begusarai, in complaint case no. 1684C of 2006 is under challenge. Though the present stage of the case has not been suggested by the learned counsel for the petitioners but the certified copy of Cr. Misc. No. 39813 of 2007 disposed off on 19.03.2010 has been brought on record whereby the same cognizance order dated 18.05.2007 passed in complaint case no. 1684C of 2006 has been quashed with regard to Shamim Ahmad Khan who was the A.S.I. of Begusarai Muffasil Police Station and in the present case the petitioner nos.2 and 3 are constables since the petitioner no.1 died during pendency of 2 present proceeding hence, the name of petitioner no.1 is deleted from proceeding. The certified copy of Cr. Misc. No. 39813 of 2007 is being kept on record which suggests that Shamim Ahmad Khan raided the premises of opposite party no.2 and recovered arms and consequently Begusarai Mufassil P.S. Case No. 261 of 2006 was registered under Section 25(1-B)(a),26(ii) of the Arms Act and arrest of the opposite party no.2 was made. Two days after lodging of the case, the opposite party no.2 lodged the present complaint in which he named the A. S. I. Shamim Ahmad Khan and the petitioner nos.2 and 3 of the present quashing application and others because they raided the premises of opposite party no.2 and recovered arms. The contention of the petitioners is that the present complaint was lodged on 03.09.2006 whereas Muffasil P.S. Case No. 261 of 2006 was registered against opposite party no.2 on 30.08.2006. Considering the order of cognizance without sanction and quashing of the proceeding with regard to others in Cr. Misc. No. 39813 of 2007 on 19.03.2010 by a Bench of this Court there is no sense of taking 3 different view. I feel not inclined to issue notice to opposite party no. 2 in the background that in spite of his appearance in the aforesaid Cr. Misc. No. 39813 of 2007 chose not to oppose the application. Considering the facts and circumstances as discussed above and also the fact that the present case has been lodged as a retaliatory measure, the order of cognizance dated 18.05.2007 passed in complaint case no. 1684C of 2006 including the entire proceedings pending in the court of the learned Chief Judicial Magistrate, Begusarai, is hereby quashed. U.K. (Dinesh Kumar Singh,J)