Cr. Misc. No. 24045 of 2009 Against the order dated 06.12.2008 passed by Sri Krishna Kumar, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2680 of 2008. ************ Kunwar Jang Bahadur, S/o Shri Shamsher Singh, resident of 74/40 Officer Flat, Baily Road, P.S.- Shastri Nagar, District-Patna. At present Joint Transport Commissioner, Transport Department, Veshweshawaraiya Bhawan, Baily Road, Patna. ……(Petitioner) Versus 1. THE STATE OF BIHAR 2. Deepak Kumar, S/o Sri Prem Kumar, resident of Mohalla-Sabji Bagh, P.S.-Pirbahore, District- Patna. -------(Opposite Parties) ************* For the Petitioner : Mr. Rana Pratap Singh, Sr. Adv. : Mr. Sumant Singh, Adv. For the Opposite Party : Mr. Rakesh Kumar, Adv. : Mr. Umesh Pathak, Adv. For the State : Dr. Mayanand Jha, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The petitioner seeks quashing of the order dated 06.12.2008 passed by Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2680 of 2008 by which it has taken cognizance under Sections 323 and 379 IPC and provisions of SC/ST Act. 2. The case of the complainant is that on 21.09.2008 while he was going on his bicycle along with his brother to Buddha Colony to meet his friend suddenly one car bearing No. BR-1AB-1557 collided with his bicycle. At this the occupants of the car abused him by calling his caste name “Dhobi” and humiliated him 2 and committed theft of his personal belongings including his mobile. A mob had gathered at the place of occurrence and they extracted the complainant. The complainant allegedly learnt the name of the present petitioner from the witnesses named in the complaint. He further alleged that on the car bearing No. BR-1AB- 1557 the board of Joint Commissioner, Transport Department was written. The complainant is said to have made a complaint before the police but later on once he learnt that no First Information Report had been instituted on his information the present complaint was filed. 3. The petitioner seeks quashing on the ground that the complaint is inherently false and fabricated. The three witnesses who are named in the complaint on the basis of whose statements the petitioner has been named had no reason to know the present petitioner personally by name and their statements appear suspicious. 4. On the other hand, the learned counsel for the Opposite Party No. 2 submits that at the stage of cognizance the falsity of the complaint should not be gone into. 5. Since the scope of Section 482 Cr.P.C. is to prevent abuse of the process of the Court and to ensure that no innocent person is unnecessarily 3 harassed on the basis of frivolous complaint and finding the allegations against the petitioner untenable and untrustworthy this application is allowed and the entire proceeding of the order dated 06.12.2008 passed by Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2680 of 2008 is quashed. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 4th July, 2011. NAFR/Vikash/-