IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5390 of 2009 1. AVINASH PRASAD SINGH @ AVINASH SINGH 2. Rauki Prasad Singh 3. Kiran Devi 4. Vihuti Kumari @ Beuti Kumari … …………………. Petitioners Versus STATE OF BIHAR & ANR ----------- 2. 07.05.2010 Heard leaned Counsel for the petitioners and the learned Counsel for the State. Questioning the cognizance and prosecution in Complaint Case No. 299 ( C ) of 2007 under sections 323, 341, 427 and 504/34 of the Penal Code the submission is that earlier Bachhwara P.S. Case No. 14 of 2007 was lodged on 12.2.2007 for the same occurrence in which the complainant himself is an accused. The present complaint has been filed nearly five days later more as a defence to the police case lodged against him. Considering the matter limited to the purpose of exercise of powers under Section 482 Cr.P.C. only this Court is satisfied that the institution of the FIR by the petitioners itself justifies an occurrence for which the complaint case has been lodged that it took place on the same date. What is the effect of the delay in institution of the complaint case are matters to be more appropriately considered during trial. Merely because there is a case and counter case when the counter case is delayed in time, for the same occurrence, this Court does not consider the same sufficient to quash the proceedings in the counter complaint case as an abuse of the process of law. Nothing mentioned in this order shall have any effect or prejudice the consideration of the prosecution strictly in accordance with law. This application is dismissed. Snkumar/- (Navin Sinha,J.)