IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51380 of 2008 Jagadish Prasad Nayak & Ors Versus State Of Bihar ----------- 4 06.09.2011 This application, under Section 482 under Section Cr. P.C is directed for quashing the order dated 25.09.08 passed by the court of Sri Alok Raj J.M 1st class Gaya in Complaint Case No.466/01/ Tr. 181/08 rejecting the petition of the accused petitioner filed under Section 245 Cr.P.C for discharge. The learned counsel appearing on behalf of the petitioner submits that regarding the same occurrence the OP No. 2 had earlier filed the Complaint Case No. 81/1997 against the accused petitioners including the others in which the proceeding has been stayed by the Hon”ble Court as such the Complaint Case No. 466 of 2001 as filed again by O.P.No. 2 in which impugned order has been passed is only with a view to harass the petitioners and impugned order is amount the abuse of process of court. It appears from the impugned order that the learned Magistrate on perusal of complaint petition statements of witnesses found prima facie case under Section 494/09 I.P.C with finding that while there is some contradiction in statement of witnesses but that could not be weighted at the time of charge rather the same may be considered in trial. It appears from Annexure -1 complaint petition of complaint case No. 466 of 2001 that in that complaint petition occurrence is said to be 1999 and 27.5.01 while in earlier complaint petition numbered as complaint case No. 466/01 the occurrence was 2 said to be between 30.1.97 till filing the complaint petition as such the period of occurrence is not same. As such impugned order appears to be not suffered from abuse of the process of the court. Accordingly this application is dismissed Namita ( Rajendra Kumar Mishra, J.)