IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4067 of 2009 1. MD.MOKHTAR, S/o Md. Usman. Resident of Village- Kurha, P.S.-Sahebpur Kamal, District-Begusarai. 2. Kishore Kacchyap, S/o Mangra Kacchyap, Resident of Chaibasa, P.S.-Sadar, District-West Singhbhum (Jharkhand) 3. Laddo Das @ Laddo Harijan, S/o Kuldip Harijan, Resident of Village-Bharko, P.S.- Amarpur, District- Banka. Versus 1. THE STATE OF BIHAR. 2. Mithilesh Kumar Jha, S/o Late Satya Narain Jha, Resident of Village-Bharko, P.S.-Amarpur, District- Banka. ----------- 02. 04.08.2010 The petitioners seek quashing of the order dated 19.05.2007 passed by Chief Judicial Magistrate, Banka by which he has taken cognizance under Sections 323 and 504 of the Indian Penal Code in connection with Amarpur P.S. Case No. 225 of 2006 (G.R. No. 1578 of 2006). The case of the complainant/informant was that when he went to the Uco Bank at Banka to deposit some money in his account he was charged with having given a fake note of Rs. 100/- but when he protested he was slapped by the accused persons who are Bank officials and theft was committed of his belongings. The complaint was sent to the police for institution of FIR under Section 156 (3) thereafter the charge-sheet was submitted under Sections 504 and 2 323 of the Indian Penal Code. It has been submitted by the petitioner that in fact from the perusal of First Information Report itself it appears that the complaint is totally malicious and absurd and no offence whatsoever is made out against the accused persons. The further submission is that the allegations are obviously exaggerated and apart from an oral allegation of the complainant that he was slapped, there is no witness to support the same. The next submission is that in the facts of the case no offence under Section 504 of the Indian Penal Code would be made out since there is no allegation that the petitioners insulted the informant to an extent to provoke breach of peace. I am satisfied with the arguments advanced on behalf of the petitioner and inclined to quash the entire proceeding including order dated 19.05.2007 passed by Chief Judicial Magistrate, Banka by which he has taken cognizance in connection with Amarpur P.S. Case No. 225 of 2006 (G.R. No. 1578 of 2006). This application is allowed. Vikash/- (Anjana Prakash, J.)