IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16585 of 2008 BACHCHA MALI @ KISHANLAL MALAKAR & ORS Versus THE STATE OF BIHAR & ANR ----------- 08. 28.02.2011 Petitioners being the husband and family members of the husband have challenged the order of cognizance dated 13.02.2008 passed by the S.D.J.M., Kishanganj in Complaint Case No. 1371C of 2006, whereby cognizance has been taken under Sections 498A and 504 of the I.P.C. There is general allegation of demand of money and buffalo and for that threatening was given to the informant on 29.11.2006. It is submitted by learned counsel for the petitioners that the informant happens to be the second wife of petitioner No. 1 and after 10 years of the marriage the present complaint was lodged suppressing the fact that earlier Complaint Case No. 277C of 1999 was lodged on 16.03.1999 as contained in Annexure-3 which stood dismissed under Section 203 of the Cr.P.C. on 28.01.2000 since the complainant, after S.A., did not adduce any witness and S.A. did not reflect any accusation which get reflected from Annexure-2. Thereafter the complaint was transferred under Section 156(3) of the Cr.P.C. and consequently registered as Terhagachh P.S. Case No. 5 of 2000 when investigation was challenged vide Cr.W.J.C. No. 232 of 2000, this Court vide order dated 16.01.2001 quashed the prosecution of Terhagachh P.S. Case No. 5 of 2000 that when earlier the complaint was dismissed then transferring the same complaint under 156(3) of the Cr.P.C. will amount to double jeopardy of the petitioner. Thereafter the present complaint was filed suppressing the dismissal of earlier case. In the present case notices were issued to O.P. No. 2 in pursuance to the order dated 03.11.2009 and further proceeding of Complaint Case No. 1371C of 2006 was stayed. It appears that after service of notice the complainant choose not to appear before this Court. From perusal of the record, it appears that O.P. No. 2 is in habit of filing frivolous cases by suppression of facts and then not to pursue the same. Hence in the interest of justice and with a view not to allow O.P. No. 2 to misuse the process of Court, the order of cognizance dated 13.02.2008 as well as the entire proceeding of Complaint Case No. 1371C of 2006, pending in the Court of learned S.D.J.M., Kishanganj are, hereby, quashed with regard to the petitioners. Shageer (Dinesh Kumar Singh, J)