Criminal Miscellaneous No. 10776 OF 2009 Against the order dated 16.02.2005 passed by Chief Judicial Magistrate, Kishanganj in Complaint Case No. 41 of 2003. ************ Radhey Shyam Poddar, S/o Late Kalar Poddar, resident of Mohalla Dharamganj, Police Station and District-Kishanganj. -..……(Petitioner) Versus THE STATE OF BIHAR. -----(Opposite Party) ************* For the Petitioners: Mr. N. Hoda, Adv. For the State : Mrs. I.B. Pandey, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. No one appears on behalf of the Opposite Party No. 2. 2. The petitioner has sought quashing of the order dated 16.02.2005 passed by the Chief Judicial Magistrate, Kishanganj in Complaint Case No. CC 41 of 2003 by which it has taken cognizance under Sections 182 and 211 IPC. 3. The background facts of the case is that the petitioner had given a written report before the Officer In-charge, Kishanganj on 28.04.2003 stating therein that theft had been committed in his house and he had suspected the two accused persons of having committed theft on account of their earlier suspicious activities. After investigation the police has submitted final report recommending action against the petitioner 2 under Sections 182 and 211 IPC. In the meanwhile the petitioner had filed the protest petition but the same was dismissed on 05.04.2007 i.e. much after the order of cognizance. 4. It has been submitted that because the case of the petitioner was found false during investigation it did not necessarily mean that the accusation was false since there could be a lot of reasons for not arriving at the same conclusion as the allegations levelled by the informant. 5. I am inclined to agree with the petitioner on this score. In the result, the application is allowed and the order dated 16.02.2008 passed by the Chief Judicial Magistrate, Kishanganj in Complaint Case No. CC 41 of 2003 is quashed. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 8th July, 2011. NAFR/Vikash/-