IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.826 of 2009 RANA RANJIT SINGH @ BARUN KUMAR Versus STATE OF BIHAR & ORS ----------- 3 16.7.2010 Learned counsel for the petitioner is permitted to make necessary correction in respect of the name of the petitioner. The petitioner prays for quashing the Complaint Case No.1358 of 2009 filed before the Chief Judicial Magistrate, Gaya under sections 498A, 323, 379 of the Penal Code and sections 3/4 of the Dowry Prohibition Act. The petitioner has challenged the aforesaid complaint on the ground that he is not a legally wedded husband of the complainant Lalita Devi. The petitioner submits that he is an insurance agent and as such in course of business transaction at times he had visited the complainant’s house. The petitioner states that as he was well employed, the prosecution side wanted to marry Lalita Devi with the petitioner to which he had not agreed. He submits that in fact on 27.6.2009, the father of the complainant forced the petitioner to marry with his daughter and even confined him in the house for a day in respect of which the petitioner too had filed a Complaint Case No.1222 of 2009 under sections 365, 327, 387, 323 and 504 of the Penal Code. In the aforesaid case cognizance has been taken on 9.12.2010 by the Judicial Magistrate Ist Class, Gaya under the aforesaid section, except section 504 of the Penal Code, against the accused 2 KHAN persons. Learned State counsel submits that both the cases could be well tested at a subsequent stage of trial. Having heard counsel for the parties, this court observes that at this stage it is very difficult for this court to go into the defence of the accused persons. The court has to consider the matter on the basis of the materials on record. Moreover, cognizance has been taken on 2.4.2010 against the petitioner. As the cognizance has been taken, this court finds improper to quash the complaint case. However, it would be open to the petitioner to challenge the order taking cognizance in accordance with law. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)