IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36702 of 2007 BEENA DEVI@ Meena Devi wife of Heera CHAND SWARNAKAR,RESIDENT OF MIANCHAK, BEGUSARAI. Versus STATE OF BIHAR & ANR For the petitioner: Mr.PARTHA Sarthy,Advocate. For the O.P. : Mr.S.M.Shabbir Alam,Advocate. For the State : Mrs.I.B.Pandey, A.P.P. ----------- 4 27.11.2009 Heard the learned counsel for the parties. The petitioner prays for quashing the order dated 24.8.2005 passed in Protest cum Complaint Case No.1519C of 2000 whereby the Judicial Magistrate Ist Class, Begusarai had been pleased to take cognizance for the offence under sections 420, 468,465,466,471 and 120B of the I.P.C. She also prays for quashing the order dated 28.5.2007 passed in Cr.Rev. No.466/05 by the learned Additional Sessions Judge, F.T.C.IV, whereby revision preferred against the order dated 24.8.2005 was rejected. The complainant Prakash Kumar Agrawal lodged an F.I.R. against the accused persons. The police after investigation submitted final form. Thereafter protest cum complaint, i.e. the instant case came into existence. The learned counsel submits that initially the Magistrate had dismissed the Protest-cum-Complaint petition under section 203 of Cr.P.C. Subsequently, the order was set aside in revision. Thereafter the Magistrate has taken the aforesaid cognizance. In the instant complaint case there are seven accused persons. It appears that the complainant has made specific 2 allegations against accused No.1,2 and 3. He has made allegations against other accused also. It has been alleged that her husband got land transferred from his father-in-law in her name. There is no allegation of committing any specific offence against him. In this way his case differs from the case of other accused persons against whom the allegations have been made. In view of the above position I do not find that there was sufficient materials for the Magistrate to proceed against this petitioner. As such both the order dated 28,5.2007 passed in Cr.Rev.No.466/05 and order dated 24.8.2005 passed in Complaint Case No.1519C/2000 passed by Judicial Magistrate Ist Class, Begusarai are set aside. This application is accordingly allowed. Anilkrsinha (Samarendra Pratap Singh, J.)