CRIMINAL MISCELLANIOUS No.12797 OF 2004 ******** In the matter of an application under Section 482 of the Code of Criminal Procedure. ******** 1. MAHFUJ ALAM KHAN, Officer In-charge, Warsaliganj P.S. S/o Jamil Khan at present posted at Warsaliganj, Distt. Nawada, Parmanent Address Pura Khati, P.S. Kaler, Distt. Arwal. 2. K.K. Singh, Jamadar at present posted at Danapur, S/o Late Devnath Singh, R/o Village Dhanaura, P.S. Avtarnagar, Distt. Saran at Chapra presently posted as A.S.I. Danapur. 3. Ram Naresh Singh, S/o Late Balgovind Singh. 4. Anil Singh. 5. Surendra Singh @ Sunil Singh. 6. Sanjay Singh @ Mukund. All are sons of Ram Naresh Singh, R/o village Mai, P.S. Warsaliganj, Distt. Nawadah. --------------(Petitioners) Versus 1. THE STATE OF BIHAR. 2. Sunayna Devi, W/o Sant Vilash Singh, R/o Village Bhai, P.S. Barsaliganj, Distt.-Nawadah. ------------(Opp. Parties) ********* For the Petitioner : Mr. Jitendra Kumar Pandey, Adv. : Mr. Rakesh Kumar, Adv. For the State : Mr. Choubey Jawahar, A.P.P. For the O.P. No. 2 : Mr. Madanjeet Kumar, Adv. ********** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. The petitioners seek quashing of the order dated 06.01.2004 by which Judicial Magistrate, 1st Class, Nawada has taken cognizance in Complaint Case No. 456 of 2003 for offences under Sections 457, 389 and 323 of 2 the India Penal Code. 2. By an order dated 25.11.2005 notices were issued to the Opposite Party No. 2 and after admitting the matter further proceedings in the court below were ordered to be stayed in the meanwhile. 3. The Opposite Party No. 2 filed a complaint on 01.07.2003 stating therein that the accused persons entered into her house and committed excesses and therefore a case under Sections 147, 323, 457, 380 and 504 of the Indian Penal Code was made out against them. Thereafter the complainant was examined and cognizance was taken as mentioned above. 4. It has been submitted by the counsel for the petitioners that the petitioner Nos. 1 and 2 happened to be Police Officers who were posted at Warsaliganj P.S. at the relevant time whereas Petitioner Nos. 3 to 6 are neighbours of the complainant. The further submission is that on 27.06.2003 a case under Section 395 of the Indian Penal Code was instituted against unknown persons for an incident of dacoity within the said Police Station. During 3 investigation the petitioner No. 1 found the complicity of the husband of the complainant in the matter and therefore raided the house and recovered arms for which a case under the provisions of Arms Act was instituted against him vide Warsaliganj P.S. Case No. 73 of 2003 dated 01.07.2003. A seizure-list was also prepared of the recovered arms. The submission is that the present complaint was instituted on the same day to browbeat the police officials for succumbing to the activities of the accused persons. The further submission advanced on behalf of the petitioner Nos. 3 to 6 is that there were Title Suits pending between them and the husband of the complainant was a party thereof and they being witnesses of the seizure-list have been implicated in the present case. 5. The Opposite Party No. 2 contended that at the stage of cognizance this Court should not look into such documents and confine itself on the issue as to whether any offence is made out on the facts of the complaint. 6. It is an undisputed position in law that under Section 482 Cr.P.C. this Court is 4 duty bound to ensure justice to the parties and if it finds that a party has been wronged it is in the interest of justice that the wrong be rectified. In this background, I find that the complaint evidently has been filed only as a back-lash to the actions taken against the husband and sons of the complainant and therefore in my view the further proceeding of the Complaint Case is nothing but an abuse of the process of the Court. 7. In view of such, this application is allowed and the entire proceeding including the order taking cognizance dated 06.01.2004 passed by the Judicial Magistrate, 1st Class, Nawada in Complaint Case No. 456 of 2003 is hereby set aside. 8. Application stands allowed. Patna High Court, Patna. Dated the 13th July, 2010 NAFR/ Vikash/- ( Anjana Prakash, J.)