IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38414 of 2008 1. Arbind Sharma, S/o Late Banke Sharma. 2. Shail Kumari, W/o Ari Arbind Sharma. Both are residentof village- Mail, P.S. Biddupur, Distt. Vaishali. Versus The State Of Bihar ----------- 2 21.07.2011 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The Judicial Magistrate, Ist Class, Hajipur atVaishali by his order dated 07.11.2006 has dismissed the Complaint Case No. 383 of 2006. The Revisional Court has come to a finding that the Judicial Magistrate was not within his power relying on the report of the complainant for the purposes of concluding that the allegations in the complaint petition are not true. The prosecution case is that the complainant went to the petitioner and asked for leave, which was refused. It is alleged that the petitioner pushed the complainant, which led to an abortion. In my opinion, this is not fit case in which the Court should proceed by examining the complainant on S.A. and thereafter take cognizance in this case, rather it is a fit case in which an independent inquiry is required as the case smacks of malafide intentions. I, therefore, order that if the Chief Judicial Magistrate, Hajipur at Vaishali has not yet taken cognizance in Complaint Case No. 383 of 2006, the matter should be sent for registration of first information report so that the independently inquiry should be conducted in this case. 2 This application is disposed of with the aforesaid observation. Md. Ibrarul ( Sheema Ali Khan, J.)