IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1942 of 2000 ARUN SULTANIA Versus STATE OF BIHAR & ANR For the petitioner: Shri N.K.Agrawal,Sr.Adv. For the State: Smt. Pushpa Sinha, A.P.P. ----------- 8. 29.6.2010 The order of discharged from the complaint petition bearing Complaint Case No. 140 of 1993, Tr. No.343 of 1999 Smt. Ramkuar Devi Vs. Uma Shankar Prasad ( Sao) and ors. which was pending in the court of Sub-divisional Judicial Magistrate, Patna City passed on 12.10.1999 is the basis for filing the present petition for quashing the same. The learned Magistrate during the course of trial was approached after he had recorded the evidence of the witnesses under Section 244 of the Cr. P.C. to discharge the accused persons as no offence appeared committed on facts of the case and the evidence adduced in that behalf. The facts are not disputed that the husband of the complainant was a professional driver and he on the day of occurrence was driving the truck bearing registration No..BPQ 1615 and was taking some consignments to Jarmundi and Dumna from Didarganj, Patna It appears that the driver and the cleaner of the truck went missing. With some efforts the consignments were recovered but the driver and the cleaner remained traceless. The complainant stated that she approached the accused petitioner who was running a transport company and she was informed that the owner of the truck was Uma Shankar Prasad and the lady approached him for getting her husband traced out and recovered but there was allegedly no effort made 2 by Uma Shankar Prasad or also by this petitioner and the complainant filed a Cr.W.J.C. bearing No. 196 of 1993 in this Court which appears being disposed of with a direction to the complainant to file la complaint. This is how the complaint petition was filed. As may appear from the admitted facts, there is no allegation against any of the accused that they or any of them forcibly took away the husband of the complainant or the cleaner of the truck and caused their disappearance. It appears that in the ordinary course of transacting the business of the transport company that the consignments were book to different destinations and that the husband of the complainant and the cleaner went missing. There is no allegation also that any of the accused did any harm or any act so as to causing disappearance of the two victims. The facts stated and alleged did not constitute any offence for which the accused could have been summoned or tried. It was a case in which they ought to have been discharged. In the result, the whole prosecution initiated on the above noted complaint petition is hereby quashed as an abuse of the process of the court. The petition is allowed. Kanth ( Dharnidhar Jha, J.)