IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19009 of 2010 JUHI @ MD. ZOOHI, SON OF MEHANDI JAAN, RESIDENT OF VILLAGE – NAYA TOLA, KANSI, POLICE STATION – SIMRI, DISTT. DARBHANGA. ----- PETITIONER. Versus THE STATE OF BIHAR -----OPPOSITE PARTY. ----------- 2. 09.02.2011 Heard the parties. The petitioner has sought quashing of the order dated 17.3.2009 passed by the Additional Sessions Judge, F.T.C. III, Darbhanga, in Cr. Revision No. 126 of 2005 by which he has confirmed the order dated 24.2.2004 passed by the Chief Judicial Magistrate, Darbhanga, in M.R. No. 198 of 2003 arising out of Simri P.S. Case No. 18 of 2001 by which cognizance has been taken under Sections 182 and 211 of the Indian Penal Code. It has been submitted that just because the case was found false by the Investigating Agency and the Court did not differ with the same, it does not necessarily mean that the case was false just because it could not be proved true during investigation, therefore, the prosecution of the petitioner under Sections 182 and 211 of the Indian Penal Code is completely unjustified. Considering the same, this application is allowed and the order dated 17.3.2009 passed in Cr. Rev. No. 126 of 2005 by the Additional Sessions Judge, F.T.C.-III, Darbhanga, is set aside. S.Ali ( Anjana Prakash, J.)