IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22212 of 2007 SHYAM SUNDAR SETH, S/o Shyam Bihari Seth, R/o Mohalla – Bhabua, Ward No. 6, P.O. Bhabua, P.S. Bhabua, District Kaimur at Bhabua. ….. Petitioner Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Randhir Kumar No. 1, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. O R D E R The petitioner who is the complainant of Complaint Case No. 47C of 2005 has filed this application for quashing of order dated 12.2.2007 passed by the learned Presiding Judge, Fast Track Court, No. I, Kaimur at Bhabhua in Cr. Revision No. 50 of 2006, whereby he has affirmed the order dated 1.4.2006 passed by the learned Sub Divisional Judicial Magistrate, Bhabhua, in the aforesaid Complaint Case by which he had dismissed the complaint petition of the petitioner under section 203 Cr.P.C. Briefly stated the allegations as made out in the complaint petition is that the complaint which had been filed against the O.P. Nos. 2 to 5 earlier being Complaint Case No. 572(C) of 2001 was later on converted into Bhabhua P.S. Case No. 285 of 2001 on the same being transmitted to the concerned P.S. under section 156(3) Cr.P.C. and in the said case the prayer for anticipatory bail made by O.P. Nos. 3 to 5 herein being A.B.P. No. 75(A) of 2002 was rejected by the Sessions Judge, Kaimur at Bhabhua but before the Hon’ble Court their prayer for anticipatory bail was allowed vide Cr. Misc. No. 15655 of 2002. The grievance of the petitioner is that O.P.No. 2 who had not preferred a petition before the Sessions Judge had got his - 2 - name included in the petition for anticipatory bail before the High Court and the same was granted, notwithstanding the fact that his prayer for anticipatory bail had not been rejected by the Sessions Court. The further grievance of the petitioner is that O.P. Nos. 2 to 5 having entered into a conspiracy had intentionally cheated the Hon’ble Court by practicing fraud inasmuch as O.P.No. 2 who had neither preferred an application for anticipatory bail before the Sessions Judge and whose prayer for anticipatory bail had not been rejected by the Sessions Judge had intentionally and by misrepresentation added his name along with the names of O.P. Nos. 3 to 5 in the petition for anticipatory bail filed before the High Court and had thereby got bail for himself by fraud. It was on this basis that complaint case no. 47 of 2005 has been filed. I have perused the orders dated 1.4.2006 passed by the learned Magistrate, Kaimur at Bhabhua and also the order dated 12.2.2007 passed by the learned Presiding Judge, F.T.C. No. I, Kaimur at Bhabhua in revisional application. The learned Magistrate has dismissed the application on the ground that he was bound by the order of the Hon’ble Court which had granted bail to O.P. No. 2 and to put a challenge to the mala fide way ought to be agitated before the Court where the fraud had been committed. The revisional court also followed the same reason and also added that if fraud at all had been committed, then it was within the territorial jurisdiction of Patna Court and the courts in Kaimur District had no territorial jurisdiction to entertain the complaint said to have been committed at Patna. - 3 - It also appears from Annexure 2B which is an order dated 1.8.2004 passed in Cr. Misc. No. 15682 of 2002 that order dated 17.8.2002 passed by the learned Chief Judicial Magistrate, Kaimur at Bhabhua in Complaint Case No. 572 of 2001, whereby cognizance has been taken was put to challenge under section 482 Cr.P.C. by Saranchi Securities Limited of whom O.P. No. 5 herein, was the Manager of Ranchi Branch and the said order taking cognizance was quashed by a Bench of this Court. From the aforesaid discussions I find no apparent illegality in either of the orders passed by the learned Sub Divisional Judicial Magistrate as also the revisional court . The reasons assigned by them are cogent and cannot be interfered with, moreso when they are neither illegal nor improper and is accordance with law. The present application is misconceived and is dismissed. Patna High Court, Patna. Dated : The 24th of October, 2008 Sanjay Pd./A.F.R. (Abhijit Sinha, J.)