IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20367 of 2008 AMIT KUMAR SINGH SON OF SACHIDANAND SINGH, RESIDENT OF MOHALLA NEELAM CHAUK, P.S. KOTWALI, DISTRICT MUNGER. . Versus 1. THE STATE OF BIHAR 2. SURESH CHAND RAI, SON OF LATE BISHWANATH RAI, RESIDENT OF MOHALLA PURAB SARAI, P.S. KOTWALI, DISTRICT MUNGER. ----------- For petitioner: Mr. Rao Kundan Kumar Karmkar, Advocate. For the State : Mrs. Indu Bala Pandey, A.P.P. -------- 3/ 19.04.2010 Heard learned counsel for the petitioner and the State. Petitioner prays for quashing the order dated 01.03.2008 in Complaint Case No. 282( C ) of 2007 whereby the learned Judicial Magistrate, Ist Class, Munger has taken cognizance of offence under sections 406 and 420 of the Indian Penal Code and summoned them to face trial. The petitioner submits that he has not been made an accused in the complaint case. He further submits that the entire allegation is against Satyaratna Jha. Learned counsel submits that in paragraph 11 of the examination on solemn affirmation, the complainant has stated that only Satyaratna Jha had cheated him. He further submits that in fact the petitioner was a witness in the aforesaid case. No one appears for the Opposite Party No.2. On - 2 - previous occasion also none had appeared on his behalf. This Court finds that there is no sufficient materials to prosecute the petitioner. Thus, the impugned order dated 01.03.2008, taking cognizance against the petitioner is quashed. Accordingly, this application is allowed. ( Samarendra Pratap Singh, J ) BTiwary/