IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24178 of 2007 MD.NIZAMUDDIN ANSARI & ORS Versus STATE OF BIHAR & ANR ----------- For the petitioners : Mr.Mukesh Kumar Rana, Adv. For the State : Mr. Jharkhandi Upadhaya, A.P.P. For Opp.Party No.2 : Mr. Shakir Ahmad , Advocate ________ O R D E R The petitioners have prayed for the quashing of the order dated 6.7.2006 passed by Sri K.Ram , Judicial Magistrate, Ist Class, Supaul in Complaint Case No.265 C of 2006 , whereby he has taken cognizance for offences under Sections 323 & 506 I.P.C. against the petitioners. Md. Dilshad Anjum @ Ehsan, the complainant, impleaded herein as Opp.Party no.2, filed the aforesaid complaint on 5.5.2006 inter alia alleging that earlier at about 8 A.M. on 26.4.2006 while he was in his house engaged in household work , all the accused persons in execution of a conspiracy arrived and accused no.1, Nizamuddin Ansari started hurling abuses in filthy language and questioned why he was propagating innuendo against him notwithstanding he having treated the complainant like his own son. It is alleged that the complainant retorted back which caused further anger and Nizammudin became furious. It is said that accused no.2, Khudeza Nikhat, ordered to kill since the complainant happened to be the cause of all troubles and tribulations, whereupon the remaining accused fell upon and assaulted him. The complainant is said to have raised hulla - 2 - to save himself but in the meantime the accused persons entered into the house of the complainant and damaged and destroyed his clothes and utensils worth Rs.15,000/-. The arrival of the villagers saved the situation for the complainant. It is further alleged that the complainant’s mother, Bibi Tahid Khatoon, was married with accused no.1 for the past 40 years and it was only the complainant who had been born out of that wedlock but the accused persons were inclined to wipe off and dissolve all evidence of the complainant being the son of accused and it was on this account that the occurrence had taken place. It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case and it would be apparent from a perusal of Annexure-2 which was a Sanha given to the Sub Divisional Magistrate, Forbisganj that the complainant was not the son of accused no.1 and he wanted to take advantage by filing the present case only to show that he was the son of the petitioner no.1. Grievance has been also raised against the abnormal delay of 11 days in filing the present complaint petition for which there is no plausible explanation. It has also been alleged that all the witnesses are close relatives of the complainant and on the basis thereof cognizance has been taken in a routine manner by the learned Magistrate. It has also been submitted that from perusal of the complaint it would be apparent that none of the offences as alleged have been made out against any of the petitioners. - 3 - Whatever submissions have been made on behalf of the petitioners happen to be their defence and question of facts which cannot be looked into at this stage and can be considered only at the time of framing of charge or the trial itself. In the aforesaid circumstances, I am not inclined to interfere with the impugned order and this application is accordingly dismissed. ( Abhijit Sinha, J) Patna High Court,Patna Dated: the 14th August,2008 Nawal Kishore Singh/ A.F.R. NKS/-