IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40074 of 2009 Awadhesh Singh @ Avadh Bihari Das, son of Rajdeo Singh, village Hasanpur Uttari, PS Mahnar, district Vaishali – petitioner. Vs. 1. The State of Bihar, 2. Dharmshila Devi, wife of Awadhesh Singh @ Awadh Bihari Das, village Hasanpur Uttari, PS Mahnar, District Vaishali – opp. parties. 2 3.2.2010 Heard learned counsel for the parties. This application has been filed for quashing the entire proceeding against the petitioner in Complaint Case No. 2826/2006, including the order taking cognizance under section 498A of the Penal Code, dated 11.6.2007 passed by the Judicial Magistrate, Ist class, Hajipur. Learned counsel for the petitioner submits that the order impugned may be quashed on the ground that the petitioner who is the husband has become a Saint in 1993 and due to this reason the opposite party no.2 has filed this case. On perusal of the complaint petition and the statements made under section 202 Cr.P.C, this court finds that the allegations made in the complaint petition against the petitioner are supported by witnesses. As such I am not inclined to interfere with the impugned order at this stage. Any defence taken on behalf of the petitioner may be raised at the time of discharge. This application is dismissed. haque (Sheema Ali Khan, J.)