IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37068 of 2004 1. AKHILESHWAR PRASAD CHAUDHARY 2. DHARMENDRA CHAUDHARY 3. NISHIT ANKUR 4. LALITA DEVI, ALL RESIDENT OF KASHIPUR, SAMASTIPUR. VERSUS (1) STATE OF BIHAR & (2) RAHUL KUMAR, KASHIPUR, SAMASTIPUR. ----------- 18 14.12.2009. Heard learned counsel for petitioners and State. No one appears for opposite party number 2 in spite of valid service of notice. Petitioners have come to this Court for quashing cognizance order dated 6.10.2004, passed by Sub Divisional Judicial Magistrate, Samastipur in CR No. 1030 of 2001 under sections 379/34 I.P.C. Petitioners submit that police after investigation filed final form in CR No. 1030 of 200, however case proceeded on protest cum complaint case. He further submits that offence of theft of four utensils is not made out. Opp party no. 2 is own nephew of petitioner no.1, petitioner numbers 2 and 3 are sons of petitioner no.1 and petitioner no.4 is wife of petitioner no.1. Furthermore, Petitioners’ side had earlier filed a case against opp parties. Having heard the parties and going through the materials on record, I am in agreement with the submission of petitioners that no case under section 379 of the I.P.C. would be made out when petitioners claim that same has come in his share. In the result, the instant application is allowed and order taking cognizance dated 6.10.2004 for offence under section 379 I.P.C. is quashed. Shashi. (Samarendra Pratap Singh,J.)