IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20376 of 2008 1. PARIKSHAN MISHRA @ VIJAY SHANKAR MISHRA SON OF LATE PINTAN MISHRA 2. MRIDULA DEVI WIFE OF PARIKSHAN MISHRA 3. NITU KUMARI @ NEETU MISHRA DAUGHTER OF PARIKSHAN MISHRA 4. SACHIDANAND MISHRA SON OF LATE PINTAN MISHRA, ALL ARE RESIDENT OF VILLAGE BIHRA, POLICE STATION BIHRA, DISTRICT SAHARSA 5. HARI DEO SONOF SHOBHA DEO, RESIDENT OF VILLAGE SIHOUL, P.S. BIHRA, DISTRICT SAHARSA 6. DHIRENDRA PANDEY SON OF TARA NAND PANDEY, RESIDENT OF VILLAGE MAJHOUL, P.S. BIHRA, DISTRICT SAHARSA 7. DURGESH PANDEY @ DURGA SON OF BHUPENDRA PANDEY 8. SHITESH PANDEY @ SHITAL SON OF BHUPENDRA PANDEY, SL. NO.7 TO 8 ARE RESIDENT OF VILLAGE GAROUL, P.S. BIHRA, DISTRICT SAHARSA ….. PETITIONERS Versus 1. THE STATE OF BIHAR 2. GITA MISHRA W/O LATE KAMLESHWARI MISHRA, RESIDENT OF VILLAGE AND P.S. BIHRA, DISTRICT SAHARSA …. OPPOSITE PARTIES ----------- 4. 19.4.2011 The petitioners have sought quashing of the order dated 18.3.2008 passed by the Judicial Magistrate, 1st class, Saharsa in Complaint case No.852C of 2004, by which he has taken cognizance u/ss.427, 448 and 380/34 I.P.C. It has been submitted that there was a land dispute between the parties, which came to be decided by this Court in Second Appeal finally in favour of the petitioners, which was bone of contention between the parties, for which the present complaint was instituted. From the narrative of the complaint petition, I find that the allegations are totally vague and general in nature and do not inspire confidence. - 2 - Considering the nature of complaint filed by the opposite party no.2, this application is allowed and the order dated 18.3.2008 passed by the Judicial Magistrate, 1st class, Saharsa in Complaint case No.852C of 2004 is quashed. Narendra/ ( Anjana Prakash, J. )