IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3198 of 2009 MUBARAK HUSSAIN son of Late Subed Ali, Resident of village- Ghuski Tola, P.S. Semapur (Barari) District- Katihar ...Petitioner Versus 1. THE STATE OF BIHAR & 2. Most. Firoza Khatoon wife of Late Punjab Ali, Resident of Railway Like Ghuski, P.S. Semapur (Barari), District- Katihar … Opposite Parties ----------- 2/ 29.07.2010 The petitioner seeks quashing of the order dated 26.9.2008 passed by the Judicial Magistrate, 1st class, Katihar, in Complaint Case No.2124 of 2007, by which he has taken cognizance against the petitioner for the offence under sections 420 and 385 Indian Penal Code. The case of the complainant was that three accused persons had cheated her and the allegation against the petitioner is that he has taken rupees six thousand from her. After due enquiry, cognizance has been taken only against the petitioner exonerating the rest two. Since the petitioner seeks quashing on facts, I am of the view that same is not permissible under section 482 Cr. P.C. In view of such, this application is dismissed. JA/- (Anjana Prakash, J.)