IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9718 of 2010 MAHENDRA KUMAR, son of Sri Bhagwat Prasad Bhagat, resident of village- Simri Bakhtiyarpur, Purani Bazar, P.S. Bakhtiyarpur, District- Saharsa ….Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 06.12.2010 Heard the parties. The petitioner has sought quashing of the order dated 16.01.2009 passed in Cr. Revision No.255 of 2001 by which the Additional Sessions Judge-cum- Fast Track Court No. III, Saharsa, has affirmed the order dated 07.07.2001 passed by the Chief Judicial Magistrate, Saharsa, in Misc. Case no. 61 of 2001. The background of the case is that the petitioner had instituted an FIR on 08.04.2001 numbered as Bakhtiyarpur P.S. case no. 32 of 2001 against unknown thieves for having committed theft in the shop. During investigation, it was found that the petitioner had filed this false case to misappropriate the loan amount. Under the circumstances, final report was submitted with recommendation for instituting a case against the petitioner under sections 182 and 211 Indian Penal Code on which cognizance was taken against the petitioner. In the meanwhile, the petitioner filed a protest against unknown in which also the Magistrate concerned took cognizance, but since it was a case against unknown the complaint was consigned to records. In view of the fact emerging in the present case, entire proceeding in Misc. Case No. 61 of 2001 pending before the Chief Judicial Magistrate, Saharsa, is hereby quashed. - 2 - However, even though the present complaint petition is being quashed in the background of the case the same shall not be interpreted that the petitioner’s case of theft was found to be true and it will not absolve the petitioner of the liability in case he has taken any loan from any person. With the aforesaid observation/direction, the application stands disposed of. JA/- (Anjana Prakash, J.)