IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35165 of 2008 Gayan Prakash Keshari, Son of late Shyam Nandan Keshari, Resident of Mohalla Gola Road, Danapur Kaint, PS Danapur, District Patna. At present resident of Prakash Art, C/A Prakash Hardware, Ashirbad Market, Station Road, PS Ara Nawada, District Bhojpur – Petitioner Versus 1. The State Of Bihar. 2. Musha Mahto @ Dhirendra Mahto, Son of late Bira Mahato. 3. Rajesh Kumar 4. Titu Kumar Both sons of Musha Mahto @ Dhirendra Mahto All residents of Mohalla Nawada, PS Arrah Nawada, District Bhojpur. ---- Opposite Parties ----------- 2 13.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application is directed against the orders by which the complaint petition has been dismissed. The grounds for dismissal of the complaint petition are three fold. It is stated that the complainant has lodged a case which indicates that the manner in which the offence has been described and is supposed to have been committed is improbable and, therefore, untrue. It is said that the case is maliciously lodged against the landlord of the godown by the persons who are the tenant (a) in order to justify their act of not paying rent (b) not paying the loan and (c) in order to take advantage from the Insurance Company. At least parts of the observations of the Court are justified. Having regard to the improbability of the manner in which the occurrence has taken place on the observations of the Courts, I find no reason to intervene in the order impugned dated 29.2.2008, passed by the Judicial Magistrate, 1st Class, Ara, in 2 Complaint Case No. 438(c) of 2007/Trial No. 48 of 2007 and order dated 5.6.2008, passed by the District Judge, Ara in Criminal Revision No. 40 of 2008. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)