IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49046 of 2006 1. Shivnandan Prasad @ Shivnandan Singh, son of Late Shree Mahto 2. Dinesh Prasad son of Shivanandan Prasad 3. Mahesh Prasad @ Mahesh Kumar son of Shivanandan All resident of village- Bhathiar, P.S.- Harnaut, District - Nalanda. … petitioners Versus 1. State Of Bihar 2. Ram Sharan Prasad, son of late Rupan Mahto, resident of village- Bhathair, P.S. Harnaut, District – Nalanda. .. Opposite parties ----------- 7 19.02.2010 Heard learned counsel for the parties. The prayer of the petitioners for quashing the order taking cognizance dated 20.4.2006 in complaint case No. 1336 C/2005 is based primarily on his defence that an information was given to the police by one Smt. Pyari Devi leading to some station diary entry made by the police on 28.12.2005. In the opinion of this court, at least such defence of the petitioner cannot be made the sole basis for quashing the criminal prosecution arising out of a complaint case specially when a reading of the complaint petition as also the statement of witnesses in course of enquiry under Section 202 Cr.P.C. do make out a prima case against the petitioners. 2 That being so, there is no merit in this application and the same is, accordingly, dismissed. kanchan (Mihir Kumar Jha, J.)