Criminal Miscellaneous No.7595 OF 1999 In the matter of an application under Section 482 of the Code of Criminal Procedure -------------- Ekramul Haque, Son of Sk. Amin, resident of Village- Chhawahi Takki, P.S. Manjhagarh, District- Gopalganj ------------------- Petitioner Versus 1. THE STATE OF BIHAR 2. Anwarul Haque, Son of Late Harun Rashid, resident of Village- Chhawahi Takki, P.S. Manjhagarh, District-Gopalganj ----------------- Opp.Parties. ---------------- For the petitioner: None. For the State : Mr. Raj Ballabh Singh, A.P.P. For Opp.Party no.2: Md. Safique, Advocate. ----------------- P R E S E N T THE HON'BLE SHRI JUSTICE RAKESH KUMAR Rakesh Kumar, J No one appears on behalf of the petitioner. 2. The petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure , has prayed for quashing of the order dated 9.6.1998 passed in Complaint Case No.1609 of 1997/ Tr.No.619 of 1999 by Sri I.D.Singh, Judicial Magistrate, Gopalganj . By the said order, the learned Magistrate had taken cognizance of the offence under Section 379 of the Indian Penal Code. 3. In this case the allegation was made by the complainant that the petitioner by committing theft of hen of the complainant , according to the complainant was for an amount of Rs.90/-, the petitioner has killed the same and only on this ground the complaint was filed for offence under Sections 379,429 and 504 of 2 the Indian Penal Code. 4. Sri Md. Safique , learned counsel appearing on behalf of Opp.Party no.2 submits that the complainant as well as one of the witnesses , who was examined before cognizance, have already died. 5. In view of the subsequent development, particularly in view of the nature of allegation, I am of the view that allowing the prosecution in the present case to further proceed will amount to abuse of the process of the court. Accordingly, the order of cognizance dated 9.6.1998 passed by Sri I.D. Singh, Judicial Magistrate, Gopgalganj in Complaint Case No.1609 of 1997/ Tr.No.619 of 1999 is hereby set aside. Accordingly, the petition is allowed. Patna High Court,Patna Dated : the 9th April,2010 Nawal Kishore Singh/N.A.F.R. ( Rakesh Kumar, J )