IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.8238 OF 2008 1. SHIV SHANKAR DEVI, WIFE OF BABAN PATHAK, RESIDENT OF VILLAGE CHOTAKI GAIGHAT, POLICE STATION BRAHMPUR, DISTRICT BUXAR 2. KIRAN DEVI @ GURIYA, DAUGHTER OF BABAN PATHAK, WIFE OF BILIP PANDEY, RESIDENT OF VILLAGE NAYA BHOJPUR, POLICE STATION DUMRAON, DISTRICT BUXAR …………………………………………………………………..…………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. USHA PATHAK, WIFE OF SHRI MARKANDEYA PATHAK, RESIDENT OF VILLAGE CHOTAKI GAIGHAT, POLICE STATION BRAHMPUR, DISTRICT BUXAR ……………………………………………………………………..OPPOSITE PARTIES ********** FOR THE PETITIONERS :- MR. BINOD KUMAR SINGH, ADVOCATE MR. SATYENDRA PD. SINGH, ADVOCATE FOR THE S T A T E :- MR. JHARKHANDI UPADHYAY, A.P.P. ******************* 3 22/03/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. Perused the case diary. This application has been filed against the order dated 12.09.2007 by which the Chief Judicial Magistrate, Buxar has taken cognizance for the offences under Sections 341, 447, 323, 504/34 of the Indian Penal Code in Brahmpur Police Station Case N o. 22 of 2007. On perusal of the First Information Report, it appears that there is specific allegation against one Baban Pathak. On perusal of the case diary, it appears that the witnesses have stated that due to a partition 2 suit pending between the parties and a dispute with respect to drain existing between the houses of the two parties, there was an exchange of hot words which resulted in some `mar-pit’. On going through the case diary, it appears that all the witnesses have accepted this aspect that there was a dispute between the family of the informant and the family of Baban Pathak. As far as the involvement of these two ladies petitioners are concerned, there does not appear to be any specific allegations against them. Neither have they been named in the case diary as participating in the occurrence. Considering this aspect, I find that no case is made out against them under Sections 341, 447, 323, 504/34 of the Indian Penal Code. Accordingly, the impugned order dated 12.09.2007 passed in Brahmpur Police Station Case no. 22 of 2007 is quashed as far as the above named two petitioners are concerned. In the result, this application is allowed. Anand ( Sheema Ali Khan, J.)