IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.31591 OF 2008 NAND KISHORE MAHTO, SON OF JOKHAN MAHTO, RESIDENT OF VILLAGE BHANGAHA, POLICE STATION CHANPATIA, DISTRICT WEST CHAMPARAN VERSUS 1. THE STATE OF BIHAR 2. MANKESHWAR MAHTO, SON OF BIRBAHADUR MAHTO, 3. PANCHADEO MAHTO, SON OF BIRBAHADUR MAHTO 4. PRABHLAD MAHTO, SON OF BIRBAHADUR MAHTO 5. RAJMOHAN MAHTO, SON OF PANCHADEO MAHTO 6. BIRBAHADUR MAHTO 7. GEETA DEVI, DAUGHTER OF MANKESHWAR MAHTO 2 TO 7 ARE RESIDENT OF VILLAGE BAKULAHRA, POLICE STATION MAJHAULIA, DISTRICT WEST CHAMPARAN ******** 2 27/06/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 03.05.2008 passed in Criminal Revision No. 7 of 2008 by which the Sessions Judge, Bettiah, West Champaran has uphold the order dated 09.10.2007 passed in Complaint Case No. 802 C of 2007 by which the Judicial Magistrate, 1st Class, Bettiah, West Champaran has dismissed the complaint case. Counsel for the petitioner submits that the case has been dismissed on the presumption that the complainant’s wife had filed a case under Section 498A of the Indian Penal Code prior to the filing of the present complaint case by the petitioner. It is admitted fact that the case filed by Opposite Party No. 2, wife of the petitioner, namely, Geeta Devi, was filed on 25.04.2007. 2 On perusal of the complaint petition filed by Geeta Devi, it would appear that demand of Rs. 25,000/- was made by the petitioner and his family members since the time of marriage of Geeta Devi and finally, she was kicked out of the house on 20.04.2007. In the circumstances, the date of filing of the complaint petition becomes irrelevant because the act committed by the petitioner is much prior to the date of filing of the complaint petition by the petitioner. Both the Courts below have come to the conclusion that the case filed by the complainant is for malafide reason and is abuse of the process of law. In the circumstances, I do not see any reason to differ with the findings of the Courts below. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )