IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35129 of 2010 1. SANGITA SARAN w/o Sanjay Prasad Singh d/o Bhagwati Saran, 2. Bhagwati Saran son of Late Ram Charitra Saran, 3. Asha Saran w/o Bhagwati Saran All are resident of Sherghati, Police Station-Sherghati, District- Gaya 4. Ravi Saran, 5. Goldi Saran, both are sons of Bhagwati Saran, at present residing at Interior Furniture, Nala Road, Police Station- Kadam Kuan, District- Patna ….Petitioners Versus 1. THE STATE OF BIHAR & 2. Sanjay Prasad Singh son of Sri Krityanand Prasad Singh, Resident of Dharam Rai Chak, Ward No.7, Lakhisarai, Police Station & District- Lakhisarai …Opposite Parties ----------- 2/ 30.09.2010 Heard the parties. The petitioners have sought quashing of the order dated 25.8.2010 passed by the Sessions Judge, Munger, in Cr. Revision No.186 of 2010, by which he has refused to interfere with the order dated 16.6.2010 passed by the Judicial Magistrate, 1st class, Lakhisarai, in Complaint Case No.262 © of 2008, refusing to discharge the petitioners. The case of opposite party no.2 is that when he was absent from his home some persons came and committed theft in his house and on enquiry it was learnt that it was the petitioners, who have committed theft. It has been submitted that, in fact, before the present case was instituted the petitioner no.1 had filed a case under section 498- A of the Indian Penal Code against the opposite party no.2, who happens to be her husband and other relative vide Lakhisarai P.S. case no.218 of 2008 on 2.6.2008 and it is only to wreck vengeance - 2 - by the petitioners the present case has been instituted with trumped up charges. It has been submitted by the opposite party no.2 that now cognizance has been taken in the matter and prayer for discharge was rightly disallowed since all the witnesses have supported the case of the complainant. Considering the facts of the case, this application is allowed and the order dated 25.8.2010 passed by the Sessions Judge, Munger, in Cr. Revision No.186 of 2010, affirming the order dated 16.6.2010 passed by the Judicial Magistrate, 1st class, Lakhisarai, in Complaint Case No.262 © of 2008, is hereby set aside. The application stands allowed. JA/- (Anjana Prakash, J.)