IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52498 of 2008 1.Heeralal @ Heeralal Bkshi son of Jharilal 2.Nagender Lal @ Nagin Lal S/o Kabli Lal, both resident of village Tegharia, P.S. Kochadhaman, Dist. Kishanganj …………. Petitioners. Versus State of Bihar ……………………………………….O.P. ------------- 2 17.11.2011 This application is directed against the order dated 18.7.2005 passed in complaint case no. C365 of 2003 by the court of S.D.J.M., Kishanganj summoning the petitioners finding prima facie case under section 376 of the Indian Penal Code on an inquiry and also the order dated 5.9.2008 passed by the Additional Sessions Judge, Kishanganj dismissing the Cri. Revision No. 238 of 2005 as preferred by the accused petitioners. Learned counsel appearing on behalf of the petitioners submit that in fact the petitioner and the complainant are next door neighbour and due to filing of the complaint case no. 353 of 2003 on by the sister-in-law (Bhabhi) of the petitioners for the offence under sections 323, 379, 147, 354, 452, 120B I.P.C. present false case has been filed to harass the petitioners. It appears from the order dated 18.7.2005 that the learned Sub-divisional Judicial Magistrate on perusal of the complaint petition, S.A. of complainant and statements of witnesses arrived at the conclusion that prima facie case under section 376 I.P.C. is made out against the named accused petitioners in the complaint petition . The Additional Sessions Judge, Kishanganj has also considered the same and has dismissed the Cri. Revision No. 238 of 2005 preferred by the 2 accused petitioners against the order dated 18.7.2008 vide order dated 5.9.2008. As far as the submission of the learned counsel appearing on behalf of the petitioners is regarding falsely implication of the accused petitioners is concerned that could not be taken into consideration at the time of summoning the accused, on inquiry, under section 204 Cr.P.C. I do not find any illegality in the summoning order dated 18.7.2008 passed by the S.D.J.M. Kishanganj and also in order dated 5.9.2008 whereby the criminal revision has been dismissed as preferred by the accused petitioners. Accordingly this application is dismissed. M.Rahman (Rajendra Kumar Mishra, J)