IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12707 of 2010 1. MD.ABID HUSSAIN S/O LATE NAVI HUSSAIN. 2. RAVI HUSSAIN @ BABLOO, S/O MD. ABID HUSSAIN BOTH R/O HOUSE NO. 249, GALI NO. 3, NEW BASELWA COLONY, NEAR HANUMAN MANDIR, OLD FARIDABAD, (HARIYANA) ……………… Petitioner Versus 1. THE STATE OF BIHAR 2. BAJUL HAQUE, S/O LATE HABIB MIAN R/O CHANDPUR BELA, (HOUSE OF BIHARI PASWAN), P.S. JAKKANPUR, DISTRICT-PATNA ………….. Opp. Parties ----------- 2. 10.12.2010 Heard the parties. The petitioners seek quashing of the order dated 10.01.2003 passed in Complaint Case No. 850 (C)/2002, by which Judicial Magistrate, Ist Class, Patna has taken cognizance under Section 380/34 I.P.C. The case of the complainant is that the petitioners were staying in the house of the complainant as guest and had allegedly committed theft of some articles from his house. It has been submitted that the daughter of the petitioner no. 1 and sister of petitioner no. 2 had filed matrimonial case against the nephew of the complainant and it is only as a back lash that the present absurd complaint has been instituted against them. Furthermore, from the address given in the complaint it is apparent that the petitioner used to live in Haryana, there was no occasion to them to come and stay with the complainant. In view of such, this application is allowed and the entire proceeding dated 10.01.2003 in Complaint Case No. 850 (C)/2002, passed by Judicial Magistrate, Ist Class, Patna, is quashed. Fahad. ( Anjana Prakash, J. )