IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34405 of 2007 1. SHIVAJEE RAI 2.Raj Kumar Rai both son of Manager Rai, Resident of village Dharfari P.S. Paroo (Deo0ria) Dist. Muzaffarpur. …Petitioners. Versus STATE OF BIHAR & ANR ----------- 5 30.10.2009 In this case notice was issued to O.P.no.2 on 1.10.2007 and by order dated 24.9.2008 this court observed that notice has been validly served on O.P.no.2 On 29.10.2009 counsel for the petitioner was present but no one appeared on behalf of O.P. no2. Today also no one appears on behalf of O.P. no2. This application has been filed for quashing of the proceeding of Paroo P.S. case no. 107 of 2004, G.R. No. 1086 of 2004 instituted under seductions 323, 341, 379, 376, 511/34 of the Indian Penal Code in which cognizance has been taking by the learned C.J.M. . Learned counsel for the petitioners submits that the same informant had earlier filed a complaint case bearing complaint case No. C- 1334 of 2004 against the accused persons under sections 376,511, 323 and 379 of the Indian Penal Code. Learned counsel submits that the allegation lavelled in the instant police case namely Paroo P.S. case no. 107 of 2004 dated 12.8.2004 contains substantially similar allegation as contained in complaint case no. C-1334 of 2004. He submits that even the time and date of occurrence is same. The allegation in short is that two persons tried to commit rape on the informant and they also snatched earring worth Rs. 3000/- from her. However, on raising alarm people from the locality gather for her help. Having heard counsel for the petitioners , this court find that the - 2 - allegation leveled in the instant first information report is substantially same and similar as alleged in the complaint case. The case of the petitioners is squarely covered by the decision of the Apex Court held in the case of T. Anthony Vs. The State of Kerala and others as reported in 2001 (6) SCC, 181. In this view of the matter, the application is allowed and criminal proceeding arising out of Paroo P.S. case no. 107 of 2004 dated 12.8.2004 is hereby quashed. (Samarendra Pratap Singh, J) M.Rahman