IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3367 of 2010 BIRENDRA PRASAD LAL @ BIRENDRA PRASAD S/O LATE GIRDHAR LAL, R/O VILLAGE – GHUGHARTAR, P.S. – CIVIL LINES, DISTRICT – GAYA …. PETITIONER Versus STATE OF BIHAR RAGHUNATH SAHAY S/O LATE GANGA LAL, R/O MOHALLA – GHUGHARITAR, P.S. CIVIL LINES, GAYA …………. OPP. PARTIES ----------- For the petitioner: Mr. D.K. Sinha, Sr. Advocate Mr. Prithivi Raj Sinha, Advocate --- 2 19/2/2010 In this petition preferred under section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashment of the order dated 20th of November, 2009, whereby the Judicial Magistrate, Ist Class, Gaya has taken cognizance in respect of offences under Sections 323, 451 & 379 of the Indian Penal Code against the accused petitioner. It is submitted by Mr. D.K.Sinha, learned Senior Counsel for the petitioner, that the complaint case has been filed as a counterblast to many a litigation and, therefore, it has to be treated as mala fide and be quashed. To appreciate the said submission, I have 2 bestowed my anxious consideration and perused the order passed by the learned Magistrate. On scrutiny of the same, it is evident that the learned Magistrate has referred to the statement of the complainant and the witnesses examined on his behalf at the stage of inquiry conducted under section 202 of the Code of Criminal Procedure. Regard being had to the same, it is difficult to quash the order on the ground that it has been instituted out of malice. The ground urged by learned counsel for the petitioner is that there has been hostility between the parties and the present litigation is the outcome of enmity can be advanced as a plea at the appropriate stage but the same cannot be a ground for quashment of the order taking cognizance. In view of aforesaid, the application under section 482 of the Code of Criminal Procedure, being sans merit, stands rejected. Neyaz/ (Dipak Misra, CJ.)