IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28347 of 2008 1. Smt. Prabha Prasad wife of late Chandrama Prasad, resident of Village-Khairhi, Quath Paranpur Bikramganj, District-Rohtas, at present residing at Flat No. 11, Panchwati Apartment, Punaichak, Near Baldeo Bhawan, P.S.-Shastrinagar, District-Patna. 2. Rajiv Ranjan @ Raju. 3. Shushil Ranjan @ Laddu. 4. Ravins Ranjan @ Vickky. All sons of late Chandrama Prasad, residents of Village-Khairhi, Quath Paranpur, Bikramganj, District-Rohtas, at present residing at A-001, New Eversign Garden, Vasai Road, West Manikpur, District and Town Thane (Maharastra). .....Petitioners Versus 1. The State Of Bihar. 2. Niteshree wife of Ranjan Kumar, resident of Nandanpuri Colony, Mohalla Khajpura, P.S.-Shastrinagar, District-Patna. ....Opposite Parties For the Petitioners :- Mr. Gouranga Chatterjee, Adv. For Opp. No. 2 :- Mr. Abdul Mannan Khan, Adv. Mr. Anamul Haque, Adv. For the State :- Mr. Dashrath Mehta, A.P.P. ---------------------------------- 03 12.12.2011 Heard learned counsel for the petitioner, learned counsel for opposite party no. 2 and learned Additional P.P. for the State. This application is directed against the order dated 16.07.2007, passed in Complaint Case No. 963 (C) of 2005 by Sri Sahab Kausar, Judicial Magistrate, 1st Class, Patna, summoning the accused, named in the complaint petition, including the petitioners, finding prima facie case under sections 147 and 506 of the Indian Penal Code. It appears that initially, this application was filed on behalf of four petitioners, namely, (1) Smt. Prabha Prasad (2) Rajiv Ranjan @ Raju, (3) Shushil Ranjan @ Laddu and (4) Ravina Ranjan @ Vickky vide order dated 20.06.2011, but vide order 2 dated 20.06.2011, a Bench of this Court while allowing the application in respect of petitioners no. 1, 3 and 4, quashed the summoning order dated 16.07.2007 against them. As such, at present this application survives only in respect to petitioner no. 2, namely, Rajiv Ranjan @ Raju. Learned counsel appearing on behalf of petitioner submits that opposite party no. 2 has filed the complaint case with false allegation only to harass the petitioner and other named accused in the complaint petition with oblique motive due to filing of Complaint Case No. 1907 C of 2005 by co-accused Smt. Prabha Prasad, the mother of the petitioner against opposite party no. 2, Niteshree, her husband and other family members for the offence under sections 384, 506, 323, 452 and 120B of the Indian Penal Code. I have perused the complaint petition, filed on behalf of opposite party no. 2, Niteshree, Annexure-1 to this application and also the impugned order dated 16.07.2007. The learned Judicial Magistrate on perusal of the complaint petition, S.A. of the complainant-opposite party no. 2 and statements of the witnesses has arrived at conclusion that prima facie case under sections 147 and 156 of the Indian Penal Code is made out against the accused, named in the complaint petition including the petitioner and accordingly ordered to issue summon. It appear from paragraph no. 9 of the complaint petition that there is specific allegation against the petitioner Rajiv Ranjan @ Raju, who entered in the house of opposite party no. 2 along with 3 unknown criminals, who were armed with fire arm, giving threatening to trace out the opposite party no. 2 and her husband and not finding them the family member of opposite party no. 2 was threatened with dire consequences. I find no illegality in the impugned order dated 16.07.2007, passed in Complaint Case No. 963 (C) of 2005 by Sri Sahab Kausar, Judicial Magistrate, 1st Class, Patna for interference with same in inherent jurisdiction of this Court under section 482 of Criminal Procedure Code. Accordingly, this application is dismissed. Safik (Rajendra Kumar Mishra, J.)