IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25406 of 2007 BABY CHANDA, wife of Rajesh Kumar Gupta, daughter of Sri Tara Chanda, resident of Mohalla Raisar, P.O. Basudeopur, P.S. Kotwali, District Munger. Versus 1.STATE OF BIHAR 2.Smt. Sunita Singh, wife of Sri Pradip Kumar Singh, resident of village Pipra, P.O. Jamsi, P.S. Lodipur, District Bhagalpur, presently residing at Jaidi Aaus, Sheikhwat Hussain Lane, Khalifabag, P.S. Kotwali, District Bhagalpur. ----------- 7 5/2/2010 Heard counsel for the petitioner and counsel for the opposite party no.2. Counsel for the petitioner while assailing the order taking cognizance for offence under Section 504 and 506 I.P.C. would submit that the petitioner at the relevant point of time was an Investigating Officer of Bhagalpur Kotwali P.S. Case No.216 of 2005 in which the complainant-opposite party no.2 was the Informant. He has also drawn attention towards paragraph 7 of the complaint petition from which it is clear that the petitioner had entered in the house of the complainant, both ladies, in exercise of such official duty. As to whether thereafter the petitioner had exceeded her official duty while threatening the complainant or she had gone in connection with an investigation of a case of recording her statement for some clarification, cannot be at least made subject matter of a complaint case unless prior sanction is obtained from the State Government. That being so, as no sanction was obtained; the order taking cognizance cannot be sustained. That apart, this Court would find the entire 2 prosecution story as introduced in the complaint petition by the complainant to be absolutely absurd as it is not possible to conceive that a police officer while investigating a case is likely to go to the house of the Informant to tell her that she has to be obliged for investigating the case. The embellishment made in the complaint petition therefore itself leads to some sort of absurd and inherently improbable allegation which cannot be believed by any prudent person at least when the petitioner is a lady police officer. That being so, this Court is satisfied that continuance of the criminal prosecution against the petitioner would be gross abuse of the process of court. Accordingly, this application is allowed and the entire criminal prosecution including the impugned order taking cognizance is hereby quashed. Abhay Kumar ( Mihir Kumar Jha, J.)