IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5649 of 2008 1. Sharda Devi, Wife of Chandramani Prasad. 2. Chandramani Prasad, Son of Deo Sharan Prasad. Both residents of Village- Sardar Bigha, P.S. Noor Sarai, District- Nalanda............................................................................Petitioners. Versus 1. The State of Bihar. 2. Chandramani Prasad @ Chandrani Kumar, Son of Shri Ramjee Prasad, resident of New Area, Rana Bigha, Police Station- Deep Nagar, District- Nalanda.....................................Opposite parties. ----------- 4. 28.04.2010. Heard learned counsel for the petitioners and learned counsel for opposite party no.2 The application is for quashing taking cognizance order under Sections 406, 420, 467,468 and 120B of the Indian Penal Code by the learned Sub Divisional Judicial Magistrate, Biharshariff, Nalanda, on 13.02.2007 in compliant case no. 905C of 2006. It is contended by the learned counsel for the petitioners that the petitioner no.2 is Ex-Army personnel and due to civil dispute in village this frivolous complaint has been filed against him. It is very fairly contended by the learned counsel for the petitioners that in the entire complaint there is no allegation against petitioner no.2, Chandramani Prasad. 2 Learned counsel for opposite party no.2 has not controverted this contention of the learned counsel for the petitioners. In that view of the matter, the cognizance against the petitioner no.2, Chandramani Prasad, appears to be bad in law and fact. Hence the cognizance order dated 13.02.2007 passed in compliant case no. 905C of 2006 is hereby quashed. So far petitioner no.1, Sharda Devi, is concerned, learned counsel for the petitioners seeks permission to withdraw the application and to raise all her contentions at the time of framing of the charges. With the aforesaid observations, the application is allowed in so far as petitioner no.2, Chandramani Prasad is concerned, and dismissed as withdrawn against the petitioner no.1, Sharda Devi is concerned. U.K. (Dinesh Kumar Singh,J)