IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.8717 OF 2008 MD.MUSHARRAF @ MUSHWA, SON OF MD. ENAMUL MASTER, RESIDENT AOF VILLAGE BALUGANJ, POLICE STATION BALIA BELONE (KADWA), DISTRICT KATIHAR VERSUS 1. THE STATE OF BIHAR 2. GUL BANO, DAUGHTER OF SK. TAIMUL, RESIDENT OF VILLAGE RASULPUR, POLICE STATION BALIA BELONE, DISTRICT KATIHAR ……………………………………………………………………….OPPOSITE PARTIES ********* 2 22/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed for quashing of the order dated 10.01.2008 passed in Criminal Revision No. 199 of 2006 arising out of Complaint Case No. 2216 of 2005. Learned Counsel for the petitioner submits that the Revisional Court should not have set aside the order of cognizance and remand the matter back to the Court below to reconsider the case on the point of cognizance. I do not find any merit in the submissions made on behalf of the petitioner on this issue. Learned Counsel for the petitioner has also submitted that on merits, this is not a fit case in which cognizance has to be taken under Section 376 of the Indian Penal Code as the complaint case has been filed after a delay of eight months. It is further submitted 2 that it is a case of consensual physical relationship between the parties and, therefore, it cannot come within the purview of Section 376 of the Indian Penal Code, The concerned Court will naturally consider all aspects of the matter and pass a fresh order without being prejudiced either by the Revisional order or by the order of this Court in any way. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)