IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17648 of 2010 DEO DAT SINGH SON OF LATE SURAJ SINGH, RESIDENT OF VILLAGE ORHANPUR, P.S. MUFFASIL, DISTRICT NAWADA …. PETITIONER Versus THE STATE OF BIHAR ----------- 3. 24.1.2011 The petitioner seeks quashing of the order dated 25.11.2009 passed by the Judicial Magistrate, Ist class, Nawada in Complaint case No.882 of 2001, by which he has refused to take cognizance u/s.211 I.P.C. on the ground of bar u/s.195(1)(B)(1)(3) Cr.P.C. The Counsel for the petitioner submits that this bar is created only when there is a proceeding pending before the court and since the case had already ended in a final report which was accepted, evidently there was no proceeding pending in the court and, therefore, the bar would not operate. However, on going through the complaint petition, I find that at this stage it is difficult to say that just for the reason that final report was submitted in the matter, which was accepted by the court it cannot conclusively be said that it was a false prosecution and, therefore, a case u/s.211 I.P.C. was made out against the accused persons. In view of such, the application is dismissed. Narendra/ ( Anjana Prakash, J.)