IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38 of 2000 MATHURA PRASAD & ORS Versus STATE OF BIHAR & ANR ----------- 5. 25.6.2010 After having heard Shri Nand Kishore Prasad Sinha, learned counsel for the petitioners and Shri Dashrath Mahta, learned A.P.P. for the State, this Court is really inclined to hold that summoning of the lady accused was completely out of question on the allegation which was made in paragraph 6 of the complaint petition. As regards the other ground of pending litigation or an inquiry on the complaint petition directed by the Magistrate and that the report was not accepted, this could not be very germane for the purpose of quashing a proceeding for many reasons and for one that the court could not take into account the prospective defence of the accused and it could differ from the report and proceed to inquiry into the complaint petition himself.. Having said the above, the prosecution of the lady accused who were summoned by order dated 10.8.1999 is hereby 2 quashed as regards the complaint case No. 103 of 1999 which might be pending before the Sub-divisional Judicial Magistrate, Shereghatti. As regards the proceedings against the remaining accused, the same shall continue. In the result, this petition is allowed in part. Stay order passed earlier is vacated. Kanth ( Dharnidhar Jha, J.)