IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.16833 of 2005 1. PRAFULL KUMAR DAS son of late Sachindra Narayan Das. 2. Sushila Devi wife of Shee Prafful Kumar Das. Both resident of Mohalla Shekhpura (Near Refral Hospital), P.S. Madhupur and District Deoghar (Jharkhand). . . . . Petitioners. Versus 1. THE STATE OF BIHAR & ANO. ----------- 8/ 14.01.2010 Heard learned counsel for the petitioners and the State. The petitioners pray for quashing the order dated 09.04.2003 passed in Complaint case no. 1381 of 2002 whereby Judicial Magistrate, 1st Class, Samastipur has taken cognizance of offence under Sections 406, 323/34 of the Indian Penal Code. Learned counsel submits that the instant case has got filed by the in-laws of the daughter of petitioner namely Punam Bharti. Learned counsel submits that petitioner’s daughter Punam Bharti has filed complaint case under Section 498 A of the Indian Penal Code, bearing P.C.R. Case no. 343 of 2002 against Sunil Kumar and his other family members. Learned counsel further submits that aforesaid person has set up a fake person namely Jagdeo Sahni. The petitioners further state that the case would not be maintainable in the State of Bihar. This quashing application has stood dismissed against opposite party no.2 for non- compliance of the peremptory order dated 24.07.2006. In view of such circumstance, it would be open to the petitioners to raise all these points at the time of framing of charge. The Magistrate is directed to expedite the trial of the case as it is pending since 2002 itself. With the aforesaid direction, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)