IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.39673 OF 2008 1. RAM PRAVESH SHARMA @ RAM PRAVESH SINGH, SON OF ATE SHYAM DEV SINGH 2. SATYENDRA KUMAR, SON OF SHRI RAM PRAVESH SHARMA 3. RAJU KUMAR @ RAJEEV RANJAN, SON OF SHRI RAM PRAVESH SHARMA ALL RESIDENT OF VILLAGE GOPALPUR, POLICE STATION NAUBATPUR, DISTRICT PATNA ………………………………………………………….…………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. SHATRUNJAY KUMAR, SON OF SHRI BIRENDRA KUMAR SINGH, RESIDENT OF VILLAGE GOPALPUR, POLICE STATION NAUBATPUR, DISTRICT PATNA ……………………………………………………………………….OPPOSITE PARTIES ******** 2 26/07/2011 Heard Counsel for the petitioners and Mr. Mukteshwasr Dayal, A.P.P. appearing on behalf of the State. This application has been filed against the order dated 04.01.2008 passed by the Additional Chief Judicial Magistrate, Danapur taking cognizance for the offences alleged to have committed under Section 188 of the Indian Penal Code. A proceeding under Section 144 of the Code of Criminal Procedure was instituted and registered as Case No. 158/M-2/07 on 07.07.2003. During the pendency of the 144 proceedings, the Opposite Party filed a complaint alleging that the petitioners were violating the interim orders passed in the proceedings under Section 144 of the Code of Criminal Procedure. The Court called for a 2 report from the concerned Police Station. The report was received on 14.08.2003 and cognizance was taken on 04.01.2008. Before the police report could be reached confirming the fact that the petitioners were violating the orders under Section 144 of the Code of Criminal Procedure, the proceedings under Section 144 of the Code of Criminal Procedure was dropped against both the parties on 08.08.2003. In view of the aforesaid facts, infact the Court would not have taken cognizance once the proceedings were dropped against both the parties. It could be perversity of law if the order of cognizance can be allowed to continue. As a result, I quash the order dated 04.01.2008 passed in Case No. 158/M-2/07 passed by the Additional Chief Judicial Magistrate, Danapur. This application is allowed. Anand ( Sheema Ali Khan, J.)