IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43651 of 2006 RAJU YADAV @ HIND KESHARI YADAV Versus STATE OF BIHAR AND ANOTHER ----------- 6. 8.9.2008 Heard the learned counsel for the petitioner as also the learned A.P.P. for the State. Although O.P. No.2 has appeared by filing vakalatnama yet her accredited counsel has been conspicuous by his absence in Court notwithstanding the fact that his name has been appearing in the cause list. Through this application the petitioner is sought to be made a scapegoat of malicious prosecution at the hands of O.P. No.2, Puja Devi, claiming to be his wife. It appears that prior hitherto a written report was submitted by her on 9.6.2004 on the basis whereof Darbhanga(Sadar) P.S. Case No.101 of 2004 was registered against the petitioner and others. Later on a Bench of this Court vide order dated 12.5.2008 passed in Criminal Misc. No.43650 of 2008 quashed the impugned order taking cognizance on a plea by the petitioner that she was not his legally wedded wife. Notwithstanding the order dated 12.5.2008 quashing the proceeding arising out of Darbhanga(Sadar) P.S. Case No.101 of 2004, this second report has been submitted by her on the basis whereof Darbhanga(Sadar) P.S. Case No.21 of 2006 has been registered. The case appears to be an absolute abuse of the process of the court and cannot be allowed to be continued. The learned Magistrate ought to have considered the earlier case and the order of - 2 - this Court while dealing with the petition for discharge. Accordingly, the impugned order rejecting the prayer for discharge of the petitioner and the criminal proceedings, so far as the petitioner is concerned, is hereby quashed and the application is allowed. The matter is remitted back for fresh consideration. P.S. (Abhijit Sinha,J)