Patna High Court Cr.Misc. No.41170 of 2011 (2) dt.07-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41170 of 2011 ====================================================== 1. Dinesh Yadav S/O Kanter Yadav, Resident of Mohalla- Neuri Tola Godowm, P.S- Biraul, District-Darbhanga. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Kameshwar Jha S/O Late Radha Raman Jha, Resident Of Village- Roop Nagar, P.S- Biraul, District- Darbhanga. 3. Laxmeshwar Jha S/O Late Radha Raman Jha, Resident Of Village -Roop Nagar, P.S- Biraul, District- Darbhanga. 4. Sanjay Kumar Jha S/O Kamesh Jha, Resident Of Village -Roop Nagar, P.S- Biraul, District- Darbhanga. 5. Nirmala Devi W/O Kameshwar Jha, Resident Of Village -Roop Nagar, P.S- Biraul, District- Darbhanga. 6. Buchchi Dai W/O Late Chandra Narain Choudhary, Resident Of Village- Neuri, P.S- Biraul, District- Darbhanga. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Jha, Adv. For the Opposite Party/s : Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 07-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is challenging the order dated 31.5.2011 passed by learned Additional Sessions Judge, Benipur in Cr. Rev. No. 4/2011 by which learned Sessions Judge affirmed the order dated 3.1.2011 passed in Complaint Case No. 223 of 2010 whereby and whereunder the Judicial Magistrate 1st class, Biraul has rejected the complaint petition under section 203 of the Code of Criminal Procedure. Patna High Court Cr.Misc. No.41170 of 2011 (2) dt.07-09-2012 It appears from the record that the petitioner has tried his level best to file third complaint petition. It appears that the petitioner has earlier filed the petition for the same cause of action vide Complaint Case No. 290 of 2004 which was referred to the Police by the court below under Section 156 (3) Cr. P.C. and in consequence thereof Biroul P.S. Case No. 114 of 2004 was instituted and the Police found allegation against the petitioner to be false. Again, the petitioner filed protest petition vide Complaint Petition No. 299 of 2007 and that complainant petition vide order dated 24.4.2008 was rejected. In pursuance of the Police report, a proceeding under sections 182/ 211 Cr.P.C. has been initiated and after the cognizance, notice has been issued to the petitioner. In this view of the matter, as the petitioner on two occasions filed complaint petitions before the court below and the same has been rejected. This Court does not find any error in the order impugned. Accordingly, this petition is dismissed. Mahesh/- (Shivaji Pandey, J)