IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26350 of 2009 MD. ZAKARIA SON OF LATE MD. USMAN ANSARI, RESIDENT OF VILLAGE HASPURADEI, P.S. HASPURA, DISTRICT AURANGABAD (BIHAR) …… PETITIONER Versus 1. THE STATE OF BIHAR 2. MD. SABIR SON OF LATE MD. ISLAM ANSARI, R/O VILLAGE HASPURA DIH, P.S. HASPURA, DISTRICT AURANGABAD …… OPP. PARTIES ----------- 2. 24.11.2010 The petitioner seeks quashing of the entire proceeding of Complaint-cum-Protest case No.851 of 2002/ 2724 of 2007 pending in the court of the Judicial Magistrate, Ist class, Aurangabad. The background of the case is that initially a First Information Report was filed which ended in a final report whereafter a complaint-cum-protest petition was filed, which was also dismissed by the learned Magistrate. The complainant thereafter went in revision and the matter was dismissed. The complainant then approached this Hon’ble High court and holding that an offence was made out remanded the matter to the Magistrate to hold a further enquiry. No further enquiry was held by the Magistrate and cognizance was taken in the matter. The petitioner then moved the revisional court against the order of cognizance, but the same was also dismissed. Then the petitioner has approached this court for quashing the entire proceedings. Considering that a point of law has been given on behalf of the petitioner that despite no further enquiry, cognizance was taken. I am inclined to interfere in the 2 matter. In view of such, the application is allowed and the entire proceeding including the order dated 9.8.2007 passed by the Judicial Magistrate, Ist class, Aurangabad in Complaint-cum-Protest case No.851 of 2002/ 2724 of 2007 is, hereby, set aside. Narendra/ ( Anjana Prakash, J. )