IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20492 of 2008 1. SARDA DEVI WIFE OF LAKSHMAN MAHTO 2. LAKSHMAN MAHTO SON OF LATE RAM RUP MAHTO, BOTH RESIDENT OF VILALGE LAXMI NARAINPUR, P.S. TISAUTA, DISTRICT VAISHALI ….. PETITIONERS Versus 1. THE STATE OF BIHAR 2. SIYA RAM MAHTO SON OF MACHHU MAHTO, RESIDENT OF VILLAGE LAXMI NARAINPUR, P.S. TISAUTA, DISTRICT VAISHALI ….. OPPOSITE PARTIES ----------- 2. 19.4.2011 The petitioners have sought quashing of the order dated 3.10.2007 passed by the Judicial Magistrate, 1st class, Hajipur, Vaishali in Complaint case No.2116 of 2003 (Tr.No.122 of 2007), by which cognizance has been taken u/s.417 I.P.C. The case of the complainant is that petitioner no.2 had filed a case against the Complainant which was numbered as Tisauta P.S. case No.23 of 2003. When the petitioner no.2 was medically examined, the doctor opined that the injury was simple but the accused persons had cut through the opinion about the nature of injury and had therefore committed fraud. After having gone through the allegations contained in the complaint, I fail to understand as to how any offence whatsoever would be made out against the petitioners since the allegation that it was the petitioners who had over written on the word simple was just speculation by the complainant and there was no material to substantiate the same. - 2 - In view of such, the application is allowed and the entire proceeding including order dated 3.10.2007 passed by the Judicial Magistrate, 1st class, Hajipur, Vaishali in Complaint case No.2116 of 2003 (Tr.No.122 of 2007) is quashed. Narendra/ ( Anjana Prakash, J. )