IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47158 of 2008 Raj Kumar Mittal @ Raju Mittal Versus State Of Bihar ---------------------------------- with Criminal Miscellaneous No.7997 of 2010 Gopal Seth @ Ram Gopal Seth Versus 1. The State of Bihar 2. Anjali Kumari ---- ----- Opposite parties ---------------------------------- 7 8-12-2011 This is an application for quashing the order dated 5.5.2008 passed by Additional Sessions Judge-1st, Katihar in S.Tr.No. 100/2007 (Manihari P.S. Case No. 80 of 2000). Heard counsel for the parties. Prosecution/Complaint Case in brief is that complainant was a daily wage earner of brick kiln owner namely Raj Kumar Mittal (petitioner of Cr.Misc.No. 47158 of 2008 and petitioner Gopal Seth @ Ram Gopal Seth of Cr.Misc.No. 7997 of 2010) whereas accused no.1 Pramod Kumar Singh was Munshi. Complainant developed intimacy with him rather fell in his love, later once having little force on assurance of marriage co-accused Pramod Kumar Singh indulged with sexual intercourse, pregnancy also developed but Promod Kumar remained in committing sexual intercourse. She 2 was married also with him. Petitioners have been shown among persons who got filed false Complaint Case against Ganesh Munda under section 376 IPC, having no interest if the rape was committed by co-accused Pramod Kumar, any torture was caused on his behalf for constituting offence under section 498A IPC. Only being the petitioners, owner and Munshi of brick kiln have been made accused in the case. So taking cognizance on such material the cognizance order (impugned) is not liable to sustain. Accordingly, both the applications are allowed and the impugned order dated 5.5.2008 passed in S.Tr.no. 100/2007 (Manihari P.S. Case No. 80 of 2000) is hereby quashed. AI ( Mandhata Singh, J.)