IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27493 of 2008 1. SHRI KRISHNA NARAYAN SINGH @ KISHUN SINGH son of Late Nathun Singh, 2. Awadhesh Kumar Singh, & 3. Mithilesh Kumar Singh, both sons of Krishna Narayan Singh alias Kishun Singh All resident of village- Khajuara, Police Station- Belowan, District- Kaimur (Bhabhua) …Petitioners Versus THE STATE OF BIHAR …OP ----------- 3/ 19.05.2011 Heard the parties. The petitioners are aggrieved with the order dated 16.02.2008 passed by the Additional Sessions Judge-cum-Fast Track Court No.5th, Kaimur, Bhabhua, in Cr. Revision No.124 of 2007/ 51 of 2007 by which he has set aside the order dated 24.04.2007 passed by the Judicial Magistrate, Kaimur, Bhabhua, by which he had taken cognizance under section 417/34 Indian Penal Code. The case of the complainant is that allegedly on 13.08.1998, the petitioners induced the complainant to accompany them to the Bank whereafter she was made to sign some papers and photograph was also affixed on the application. Later, she learnt that on the basis of the loan document the accused persons had taken loan for tractor and mortgaged the land of the complainant even though it did not belong to the petitioners. This complaint was instituted on 22.02.2007 i.e. nine years after the alleged occurrence. On going through the complaint petition, I find that the complainant herself has stated that she had accompanied the accused persons and had signed some documents where photographs were 2 also affixed. Moreover, complaining the same was done fraudulently after about nine years does not stand to reason and there cannot be any reasonable explanation for such a belated complaint. In the result, the application is allowed and the entire proceeding of Complaint Case No.196 of 2007 pending before the Judicial Magistrate, Kaimur, Bhabhua, is hereby set aside. The application stands allowed. JA/- (Anjana Prakash,J.)