IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41135 of 2009 Rajesh Kumar Choudhary, son of Shri Ganesh Choudhary, village Kanhauli Bishundutta, PS Mithanpura, district Muzaffarpur – petitioner. Vs. 1. The State of Biha, 2. Mr. Rajanikant Mishra, son of Late Ghanshyam Mishra, village Kanhauli Bishundutta, PS Mithanura, district Muzaffarpur – opp. parties. 2 16.3.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 24.7.2006 passed by the Judicial Magistrate, Ist Class, Muzaffarpur in Complaint Case No. 2817/2005. Counsel for the petitioner submits that the allegations are absolutely frivolous and the case has been filed as counter blast to one filed by the petitioner in 2004 in which cognizance was taken on 30.4.2006 for the offences under sections 341, 323 and 504 of the Penal Code. It is submitted that the allegations under section 379 of the Penal Code are ornamental in nature and has been made just to give the case a Colour of seriousness. It is submitted that no such occurrence has taken place. The defence cannot be seen at the time of taking cognizance and I do not find any illegality in the impugned order. This application is dismissed. haque (Sheema Ali Khan, J.)