IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.54 of 2008 CHOTAN MISTRY SON OF LATE TULSI MISTRY, R/O- VILLAGE DAHARPUR, P.S.- GHOSI, DISTRICT- JEHANABAD. Versus 1. THE STATE OF BIHAR 2. ARJUN PRASAD YADAV, S/O- SRI GOKUL PRASAD YADAV, R/O- VILLAGE DAHARPUR, P.S.- GHOSI, DISTRICT- JEHANABAD. 3. DWARKA PRASAD, S/O- MOTI YADAV, R/O- VILLAGE- TALI, P.S.- JEHANABAD, DISTRICT- JEHANABAD. For the petitioner : Mr. Mrigank Mauli, Advocate For the O.P. : Mr. L.N. Das, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ----------- 4 24.09.2010 Petitioner assails the order dated 12.10.2007 passed by learned Addl. Sessions Judge, F.T.C.-I, Jehanabad in Sessions Trial No. No. 632 of 2005/91 of 2005 whereby the learned trial court had discharged the accused persons (O.P. nos. 2 to 3) of the proposed charge under Sections 193, 195 and 211 of Indian Penal Code. Learned Revisional Court has observed as under: “…… I am also of the view that acquittal in any case on any ground of factor law was on other thing and malicious-prosecution or playing fraud on court or in court proceedings was quite another and different thing. Clear-cut and definite findings to that intent should come in the conclusion of the original judgment of acquittal and preliminary enquiry should be made u/s 340 of the Cr.P.C. positively before launching any prosecution or filing an official- complaint against the original informant or complainant and the court concerned or successor in-office there of should arrive at concrete finding under the such enquiry held. I am also of the view that the petition filed by the accused persons in this respect dated 04.04.06 and 17.04.06 are fit and proper one to be allowed with. I am also of the humble view that there is no sufficient ground and material available with case-record to proceed further against the accused persons and 2 to frame charges against them u/s 193, 195, and 211 of I.P.C. at all. “ This Court does not find any patent illegality and/or perversity in the order meriting interference. There is no merit in this application. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )