IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17990 of 2009 SABNAM @ SABNAM KHATOON, D/O MD. NAIR, RESIDENT OF DHARHARA, KOTHI, BORING ROAD, P.S.- SRIKRISHNAPURI, P.O.-DISTRICT AND TOWN-PATNA. ……PETITIONER. Versus 1. THE STATE OF BIHAR. 2. DHANRAJ SINGH, SON OF LATE GANGDEO SINGH. 3. RUKMANI DEVI, WIFE OF DHANRAJ SINGH. 4. ALOK KUMAR, SON OF DHANRAJ SINGH. 5. BABBAN SINGH, SON OF NOT KNOWN. ALL RESIDENTS OF MOHALLA- PUNAICHAK, P.O.- SHASTRINAGAR, P.S.-SHASTRINAGAR, DISTRICT AND TOWN-PATNA. ……..OPPOSITE PARTIES. ----------- 3 15.03.2011 The petitioner has filed an application for quashing the order dated 16.7.2007 passed in Cr. Revision No.737 of 2004 passed by learned 5th Additional Session Judge, Patna whereby learned Additional Sessions Judge has affirmed the order dated 20.09.2004 passed by learned S.D.J.M., Patna in Complaint Case No.1892(C) /2004 whereby the complaint petition of the petitioner was dismissed. It appears that the complainant filed a complaint petition under Sections 376, 406, 420 and 120B of the I.P.C. alleging therein that the accused no.1 took one lac rupees for getting employment, and subsequently, established forceful physical relationship. The complaint was filed on 12.08.2004. The complainant was examined on S.A. on 19.08.2004. Thereafter, the complainant filed a petition that she does not want to examine any 2 witness. After examining the complaint and the S.A. of the complainant the learned S.D.J.M. dismissed the complaint on 29-09-2004. The said order was challenged in revision and the revisional court did not find any illegality. It appears that the wife, son and others of accused no.1 have been involved in the present case. The complaint petition reflects that no medical examination of the victim was done and for the occurrence of 21.1.2004 and 8.6.2004 the complaint was filed on 12.8.2004. Prima facie it appears to be absolutely a malicious prosecution. I find no infirmity in the impugned orders, accordingly the application is dismissed. PN ( Dinesh Kumar Singh,J.)