IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27448 of 2008 Amod Kumar Mishra, S/o. Surendra Bihari Mishra, R/o. Vill. Narepur Bank Bazar, P.S. Bachhwara, Distt. Begusarai. Versus 1. The State Of Bihar, 2. Raj Kumar Ray, S/o. Ram Raji Ray, R/o. Vill. Narepur Dharampur, P.S. Bachhwara, District- Begusarai. ---------------------------------- 03. 12.09.2011 This application has been filed for quashing the order dated 28.03.2008 passed by Shri A.K. Gupta, Judicial Magistrate, 1st Class, Begusarai in Complaint Case No.621C of 2007, summoning the accused petitioner on enquiry finding prima facie case for the offence under Sections 448, 323 & 379 of the I.P.C. The learned counsel for the petitioner submits that the house in question as detailed in the complaint petition has been purchased by the petitioner in the name of his wife on 18.02.2005 from Rawneshwar Mishra @ Kumar Mishra and accordingly the name has also been mutated in the Circle Office and electricity connection has also been obtained. In fact the complainant wanted to dispossess the petitioner and filed false complaint case to put pressure on the petitioner. On going through the impugned order it appears that on perusal of the complaint petition statements of the witnesses as recorded in enquiry learned Magistrate has summoned the accused/petitioner finding prima facie case under Section 448, 323 & 379 of the I.P.C. Summoning the accused under Section 204 Cr.P.C. The Magistrate is required to see whether prima facie case 2 is made out or not on perusal of the complaint petition and statements of the witnesses, at that time the Magistrate is not required to look into defence if any. Under the facts and circumstances, there is nothing in the impugned order showing abuse of process of the Court. Accordingly, this application is dismissed. However, the petitioner is at liberty to raise all defence as detailed in the application in trial-court at the appropriate stage. Mkr. (Rajendra Kumar Mishra, J.)