IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51654 of 2007 SITA RAM SAH, S/0 Haridwar Sah, R/o – Bagaha Gudari Bazar, P.S. – Bagaha, District – West Champaran. ---------------- Petitioner. Versus STATE OF BIHAR --------------- Opp. Party. ------- 4 07.04.2010 Heard learned counsel for the petitioner and State. This is an application for quashing the order dated 24.07.2007, passed by Additional Chief Judicial Magistrate, Bagaha, to the extent whereby the learned court below after dismissing the complaint as withdrawn directed the complainant/petitioner to file show cause for filing false complaint petition. During the course of argument, learned counsel for the petitioner submitted that in compliance of the order of the court below show cause has already been filed. Matter is still pending. Petitioner has filed complaint petition bearing no. 522- C/2007 against one Ram Awadhesh Kumar Singh and his wife alleging kidnapping of his son namely, Sachin Kumar, who on their call had gone to realize amount due with them but the son of the applicant did not return and the complainant made queries from the accused persons but complainant himself was taken into custody on 28.06.2007, in connection with case of kidnapping of daughter of said Ram Awadhesh Kumar Singh. The above complaint petition was filed on 17.07.2007, just four days thereafter on 21.07.2007 petition was filed to - 2 - withdraw the case as he do not want to proceed but no other reason was assigned in the withdrawal petition. The complainant was examined on Solemn Affirmation, wherein he has stated about the cases and conduct of his son and daughter of the accused persons who according to him got themselves married without any information to him. The court below allowed the prayer of withdrawal of the complaint petition but, simultaneously, taking into consideration the seriousness of the allegations directed the complainant to show cause as to why he be not prosecuted for filing false complaint case. As submitted, show cause has already been filed, the court below is required to consider the show cause and pass an appropriate order in accordance with law at the earliest. Taking into consideration, that First Information Report of Bagaha P.S. Case No. 347 of 2007 relating to kidnapping of the girl has already been quashed by this Court. With this observation, this application stands disposed of. Rajeev/ (Akhilesh Chandra, J.)