IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9882 of 2005 1. MURARI SINGH 2. Dayanand Singh, Both Sons of Krishna Singh. 3. Ranjeet Kumar Singh, son of Jainandan Singh. 4. Krishna Singh 5. Jainandan Singh 6. Shyam Nandan Singh 7. Hridya Nandan Singh All sons of Late Sarju Singh All resident of village Gorhatara, Police Station Obra, District Aurangabad. . . . . Petitioners. Versus 1. THE STATE OF BIHAR 2. Abhimannu Kumar Singh, son of Ramjas Singh, residents of village Gorhatara, Police Station Obra, District Aurangabad. . . . . . Opposite Parties. ----------- 6/ 01.02.2010 Heard. The petitioners pray for quashing the order dated 06.03.2002 passed by Judicial Magistrate, 1st Class, Aurangabad in Complaint case no. 537 of 2001, Tr. No. 825 of 2002, by which he has taken cognizance of offence under Sections 147, 380, 323 and 504 of the Indian Penal Code. They also pray for setting aside the order dated 02.03.2005 passed by Additional Sessions Judge, Fast Track Court No. I, Aurangabad in Cr. Rev. No. 72 of 2002 / 43 of 2004. Learned counsel submits that opposite party no.2 has got filed this complaint case against these petitioners and one Sudhir Kumar, S.I. of Obra P.S., as he suspected that his father was arrested at their behest. Learned counsel submits that father of opposite party no.2 was arrested by S.I. Obra P.S. under Section 20 and 22 of NDPS Act for possessing Ganja. Learned counsel submits that the allegation that petitioners snatched golden chain from the neck of the informant’s mother is out and out malicious prosecution as no one - 2 - would commit such offence in presence of the police officials. He further states that other offences would also not be made out against the petitioners. Having heard the counsel for the parties, it will be open to the petitioners to take the points that the allegation of theft would be simply an impossibility, as the police officials was admittedly present at the relevant time of occurrence. With the aforesaid liberty, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)