IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38870 of 2009 Anil Kumar Chaudhary son of late Kirt Narayan Chaudhary, resident of village Dasant, P.S. Bahera (Alinagar), District Darbhanga …. Petitioner Versus 1. The State Of Bihar 2. Ramesh Narayan Thakur, son of late Jai Narayan Thakur, Resident of village Nanhkar, P.S. Bahera (Alinagar), District Darbhanga …. Opposite parties ----------- 4. 8.7.2011 The petitioner seeks quashing of the entire proceeding including the order dated 17.9.2009 passed by the Judicial Magistrate, 1st class, Benipur in Trial No.363 of 2009 G.R. NO.122 of 2007, by which the court concerned has refused to discharge the petitioner. The case of the prosecution is that one Mosmat Binda Devi had filed a complaint against the informant, which was sent for investigation u/s.156(3) Cr.P.C. to the police and Bahera P.S. case No.244 of 2006 was instituted in the matter. After investigation the case was found false. In the meanwhile the said Binda Devi filed a protest petition. The present First Information Report was instituted by one of the accused of Bahera P.S. case No.244 of 2006 i.e. Ramesh Narayan Thakur alleging therein that the petitioner and other accused persons had set up this lady to file a false case against him and others, which was found untrue during investigation and, therefore, no charge sheet was submitted. On specific query of the Counsel appearing on behalf of the opposite party no.2, he fails to satisfy this Court 2 that during investigation said Binda Devi had supported the fact that she had been set up by the petitioner to file the case against the present informant. Under the circumstances, this application is allowed and the entire proceeding including the order dated 17.9.2009 passed by the Judicial Magistrate, 1st class, Benipur in Trial No.363 of 2009 G.R. NO.122 of 2007 is quashed. Narendra/ ( Anjana Prakash, J.)