IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40949 of 2007 SYED MD.QUAMRUL HASSAN @ S.M.QUMRUL HASSAN & ORS Versus STATE OF BIHAR & ANR ----------- 3. 5.2.2010. Heard all sides. Without going into the factual details of the case, suffice it to mention that the petitioners have been summoned by S.D.J.M., Patna in Complaint Case No.479-C of 2007, allegedly, for committing offences under Section 498A of the IPC. The learned counsel appearing for the petitioner seeks the quashing of the order dated 2.5.2007 passed in the above noted complaint petition on the ground that prior to the filing of the complaint petition petitioner no.1 Syed Md. Quamrul Hassan @ S.M.Qumrul Hassan @ S.M.Q.Hassan had filed a petition for dissolution of his marriage to the complainant and after having received the notice in that proceedings the complaint filed the complaint petition completely on baseless and unfounded allegations. It was further contended that prior to the filing of the divorce petition by the above noted petitioner no.1 Syed Md. Quamrul Hassan @ S.M.Qumrul Hassan @ S.M.Q.Hassan two informatory petitions had also - 2 - been filed before some authorities. I could simply refer to AIR 1963 SC 1430 Chandradeo Singh Vrs. Prokash Chandra Bose wherein the Supreme Court explained the scope and ambit of phraseology “sufficient ground for proceeding” and while so doing the Apex Court has very candidly pointed out that the prospective defence of the accused has never to be considered nor the court has to consider whether the case will end in acquittal or conviction of the accused persons or that the evidence adduced during the course of enquiry was beset with contradictions. Keeping the above law in my mind, I simply find no merit in the present petition as the impugned order has been passed after due application of judicial mind to find out as to what was the sufficient ground for proceeding against the accused persons. The petition is dismissed. The stay granted in this petition stands vacated. B.Kr. ( Dharnidhar Jha, J. )