IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15284 of 2009 1. ABDUL MAZEED S/O LATE SEIKH KARIMUDDIN 2. MD. KASIM S/O SEIKH SAMSUDDIN 3. GULAM RASOOL S/O ABDUL HAMEED @ BHUTKU ALL R/O VILLAGE JOGIA, P.S. DHORAIYA, DISTRICT-BANKA, BIHAR. --PETITIONERS Versus THE STATE OF BIHAR --OPP.PARTY 2 03.11.2010 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 26.02.2009 passed by Chief Judicial Magistrate, Banka, in connection with Misc. Case no.61 of 2005 arising out of Complaint Case no. 844C of 2003 referring the application filed by the applicant before Police under Section 156 Sub- clause (3) for institution and investigation. Earlier one Complaint Case no. 844 C of 2003 was filed against six persons under Section 376 of the Indian Penal Code in the name of one Masina Khatoon wife of Ashfaque Alam wherein the petitioners’ name appeared as witnesses no.1, 2 and 4. Subsequently, said Masina Khatoon had filed the application by way of Miscellaneous case stating 2 therein that, in fact, said complaint was not filed by her rather it is the petitioners who have got the same filed by impersonating her by another lady. On such application the court below has entrusted the Police for institution of the case and investigation. At this stage, finding no reason to interfere, this application stands disposed of with a liberty to agitate the points, if any, by the petitioners at appropriate stage after conclusion of investigation and submission of final form. (Akhilesh Chandra, J.) AAhmad