IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8110 of 2004 BIRENDRA THAKUR @ BIRENDRA KUMAR @ GANESH THAKUR & ORS Versus STATE OF BIHAR & ORS ----------- 9 15 July 2008 Heard. This application has been filed for quashing the order dated 17.1.2004 passed by Sri Bhola Nath Tiwari, Judicial Magistrate, 1st class, Muzaffarpur in complaint case no. 2702/2003 corresponding to Tr. No. 1805/2004 whereby and where under he had taken cognizance u/ss 364A, 365 and 120B of the Penal Code and issued summons against the petitioners. A supplementary affidavit has been filed on behalf of the petitioners in which prayer has been made to quash the charges framed against the accused on 11.5.2006 by the 5th Additional Sessions Judge in Sessions Trial no. 565/2005. The argument of the learned counsel is that the victim boy was recovered on 4.11.05 from the place of his Mousa. He was never kidnapped by the accused persons. Learned counsel pointed out that all the allegations are false and the charge should not have been framed against the petitioners/accused. It appears that complaint petition was filed in the court of Chief Judicial Magistrate, Muzaffarpur on 11.11.2003 for an occurrence which had taken place on 7.11.2003. It further appears that complainant was examined on S. A. and during enquiry u/s 202 of the Cr. P. C seven witnesses were examined and the learned Magistrate by order dated 17.1.2004 came to an opinion that there was 2 sufficient material to proceed further against the petitioners for offence punishable u/ss 364A, 365 and 120B of the Indian Penal Code and accordingly issued summons against them. Against the said order dated 17.1.2004 the petitioners/accused have preferred the present application for quashing before this court. It appears from the supplementary affidavit that during the pendency of this application the case was committed to the court of Sessions and on 11.5.06 the learned 5th Additional Sessions Judge, Muzaffarpur in Sessions Trial no. 565/05 framed charges against the petitioners/accused u/ss 364A, 365 and 120B of the Indian Penal Code. Considering the above facts and circumstances of the case, at this stage no interference is required. This application is, accordingly, dismissed. However the petitioners will be at liberty to raise their points/grievance before the court below at the appropriate stage of the case. BKS (M. Saran,J.)