IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20638 of 2008 NEELAM KUMARI @ NEELAM DEVI, DAUGHTER OF LATE SARSWATI DEVI, WIFE OF SHIV SHANKAR SAH AZAD, RESIDENT OF MOHALLA, INFRONT OF NEW MARKET, MAIN ROAD, BEGUSARAI, POLICE STATION TWON BEGUSARAI, DISTRICT BEGUSARAI …. PETITIONER. Versus 1. THE STATE OF BIHAR 2. MITHU SAH ALIAS SANJAY KUMAR SAH, SON OF ALTE BHOLA SAH 3. BHOLA SAH (NOW DIED) 4. MANISH SAH, SON OF LATE BHOLA SAH, BOTH RESIDENT OF MOHALLA MIYAN CHAK, CHATTI ROAD, POLICE STATION TOWN BEGUSARAI, DISTRICT BEGUSARAI 5. PREM KUMAR SINGH, SON OF RAMANAND SINGH ALIAS MAHADHAN SINGH, RESIDENT OF VILLAGE PASPURA, POLICE STATION MUFFASIL, DISTRICT BEGUSARAI 6. BORHAN SAH, SON OF RAMNU SAH, RESIDENT OF MOHALLA CHATTI ROAD, POLICE STATION TOWN BEGUSARAI, DISTRICT BEGUSARAI 7. SHIVAL MAHTO, SON OF NOT KNOWN, RESIDENT OF MOHALLA KACHAHRI ROAD, POLICE STATION TOWN BEGUSARAI, DISTRICT BEGUSARAI 8. DEEPAK KUMAR SINGH, SON OF NOT KNOWN, RSIDENT OF VILLAGE MAHASDHI, DISTRICT BEGUSARAI 9. ANIL KUMAR SINGH, SON OF NOT KNOWN, RESIDENT OF VILLAGE ETAWA, P.O. MALKI, DISTRICT BEGUSARAI 10. JANARDAN SINGH, SON OF NOT KNOWN, RESIDENT OF MOHALLA RAMDIRI, POLICE STATION MAFIYAHINI, DISTRICT BEGUSARAI 11. ARBIND PASWAN, SON OF NOT KNOWN 12. UMASHANKAR SINGH, SON OF NOT KNOWN, BOTH RESIDENT OF VILLAGE RAMDIRI, POLICE STATION MATIYANI, DISTRICT BEGUSARAI 13. MUKUND KUMAR SINGH, SON OF SURYA SHEKHAR SINGH, RESIDENT OF VILLAGE RAMDIRI, POLICE STATION MAFIYANI, AT PRESENT BEHIND DIMOND TOEAL, NEAR ALKA CINEMA, BEGUSARAI 14. RAGHUBIR CHOUDHARY, SON OF LATE JAGESHWAR CHOUDHARY, RESIDENT OF MOHALLA MAIN ROAD, BEGUSARAI 15. MUNNA MOCHI 16. ARBIND KUMAR 17. JAY PRAKASH SAH, ALL (15 TO 17) FATHER’S NAME AND THEIR ADDRESS ARE NOT KNOWN …… RESPONDENTS. ----------- 2. 21.4.2011 The petitioner has sought quashing of the order dated 7.7.2007 passed by the Judicial Magistrate, 1st class, Begusarai, by which the court has refused witnesses, who - 2 - did not appear to know about the facts stated in the complaint and proceeded with the enquiry. I see no illegality in the order impugned. However, the court below will consider examination of witnesses if the Complainant is in a position to explain the relevance of those witnesses and the fact that they knew about the facts stated in the complaint. With these observations, the application is disposed of. Narendra/ ( Anjana Prakash, J. )