IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38593 of 2009 1. AMIT KUMAR, SON OF LATE DASHRATH PASWAN, RESIDENT OF VILLAGE NAGRAH, P.S. NAUGACHIA, DISTRICT BHAGALPUR. 2. KRISHNA KUMAR PASWAN @ KRISHNA PASWAN, SON OF NARAYAN PASWAN, RESIDENT OF VILLAGE NAYA TOLA (NAUGACHIA), P.S. NAUGACHIA, DISTRICT BHAGALPUR. ----- PETITINERS Versus 1. THE STATE OF BIHAR 2. RUBI DEVI, WIFE OF JAI HIND PASWAN, RESIDENT OF VILLAGE NAGRAH P.S. NAUGACHIA, DISTRICT BHAGALPUR. ----- OPPOSITE PARTIES. ----------- 2 20.11.2009 Heard the parties. The petitioners have challenged the order of cognizance dated 27.7.2009 passed by the Judicial Magistrate, 1st Class, Naugachia in Complaint Case No. 464/2009. The husband of the complainant and one other was made accused in a case filed by Rekha Devi, wife of petitioner no. 1. The case was instituted under Sections 341/504/448/323/379/506 and 307/34 of the Indian Penal Code and charge sheet has been submitted in this case. It is submitted that in order to save themselves from the criminal prosecution, the wife of Jai Hind Paswan who is the accused for the occurrence dated 8.6.2009 annexure-2 has filed this present complaint case which is frivolous and has been filed in order to create a defence in the case filed earlier i.e. Naugachia P.S. Case No. 128/2009. It is submitted that filing of the complaint case is malafide and is abuse of the process of law. All these aspects including the police report annexure-3 will be considered at the appropriate stage. At present this Court is not inclined to interfere with the order dated 27.7.2009. This application is dismissed. Sanjay (Sheema Ali Khan, J.)