IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21849 of 2009 1. Smt.Uma Sharma, wife of Ravi Shankar Sharma 2. Ravi Shankar Sharma, son of late Bhashkar Sharma 3. Arun Sharma, son of late Bhashkar Sharma All resident of Geeta Art Press, Hem Bamb Road, P.s. Pan Bazar, Fancy Bazar, Distt. Gauhati, Assam. ----- Petitioner. Versus 1. The State Of Bihar 2. Shri Motilal Kayal, Surekha, son of Late Laxmi Narayan Surekha, resident of Phukan Road, Fancy Bazar, Gauhati, Assam, at present staying at Chowk, P.S. Chowk, Patna City, Distt. Patna. ------Opposite parties. 2. 04.07.2011 No one appears on behalf of the petitioners. The petitioners are aggrieved with the order dated 28.7.1999 passed by the Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 394(C) of 1999 by which the Court has taken cognizance under Section 323 and 379 of the Indian Penal Code. The case of the Complainant is that when he was returning on 31.3.1999 from the High Court and reached the Civil Court Patna Compound, the accused snatched the chain and Rs. 4,000/- from the Complainant. It is disclosed in the Complaint that the Complainant had also instituted one Police Case in Gauhati, which was numbered as Pan Bazar Gauhati P.S. Case No. 183 of 1997. It was alleged that the accused persons were defaming the Complainant and the family members by publishing news item in “Hindustan” paper. On going through the petition filed herein, I find 2 that the petitioners belong to Gauhati, Assam and the narrative given in the complaint appears to be not only absurd but also improbable that the accused would travel all the way from Gauhati to Patna to snatch the Complainant’s chain and Rs. 4,000/-. Further, the fact that there was an earlier litigation between the parties as admitted by the Complainant also points to its possibility of false implication on account of previous grudge and malice. In the result, the application is allowed and the entire proceeding of Complaint Case No. 394(C) of 1999 including the order dated 28.7.1999 passed by the Judicial Magistrat, 1st Class, Patna, is hereby quashed. S.Ali ( Anjana Prakash, J.)