IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24626 of 2008 1. DINA MISHRA 2. DABBLE MISHRA 3. BOTH ARE SONS OF PANCHANAND MISHRA R/V SISAI TOLA MATHIA, P.S. BHOREY, DISTT. GOPALGANJ. ------ PETITIONERS. Versus 1. THE STATE OF BIHAR 2. PUSHPA DEVI, WIFE OF SANJAY MISHRA R/V SISAI BAZAR, P.O. SISARI, P.S. BHOREY, DISTT. GOPALGANJ. ----------- 2. 02.05.2011 Heard the parties. The petitioners who are the full brothers have sought quashing of the order dated 15.5.2008 passed by the Judicial Magistrate, Gopalganj, in Complaint Case No. 1847 of 2004 by which it has taken cognizance under Section 376/511 of the Indian Penal Code. It has been submitted that the Complaint was unduly delayed and the medical report does not support the case of the Complainant. On going through the petition of the complaint, I find that the Complainant has alleged that both the accused had committed rape upon her and, therefore, I am surprised that the Magistrate had taken cognizance under Section 376/511 of the Indian Penal Code. In view of such, the application is not only dismissed but a direction is given to the court below to consider as to whether the offence under Section 376 of the Indian Penal Code is made out in the facts of the case. The application is dismissed. S.Ali ( Anjana Prakash, J.)