IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47432 of 2007 SHEO KUMAR SINHA & ORS Versus THE STATE OF BIHAR & ANR ----------- 4/ 9/2/2009. Heard learned counsel for the petitioner and learned counsel for the State and for O.P. NO.2. The parties are stated to be neighbours. While the petitioner has filed two cases against O.P. No.2, the latter has filed one case against the petitioner. The submission on behalf of the petitioner is that he lodged Malsalami P.S. Case No.68/05 against O.P. No.2 on 11.5.2005 in which charge-sheet has been submitted on 19.5.2005. The present complaint lodged on 19.5.2005 alleges an occurrence of 10.5.2005. Te submission, therefore, is that it was nothing but a counter blast to the police case lodged by the petitioner. After the O.P. No.2 was released on bail in Malsalami P.S. Case No.68/05, another police case has been lodged by the petitioner against him under Sections-387, 452 and other provisions of I.P.C. This Court, on consideration of the submissions made on behalf of the parties finds as a matter of fact that they are both litigating against each other. The allegations made in the complaint, on the face of it constitute materials fit to go to trial. What may 2 be the outcome of the trial, is not the concern of the Court in an application under Section-482 of Cr.P.C. Merely because the petitioner had lodged a case against O.P. No.2 earlier in time, does not satisfy this Court to invoke its powers under Section-482 Cr.P.C. to hold that the present complaint case No.383/05, filed by O.P. No.2, pending before Sri Rajeev Kumar, Judicial Magistrate, 1st Class, Patna City was in abuse of the process of Court. The application is dismissed. KC ( Navin Sinha, J.)