IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38332 of 2015 Arising Out of PS. Case No.-295 Year-2014 Thana- MADHUBANI TOWN District- Madhubani ====================================================== Md. Razaullah, S/o late Md. Sultal, Resident of Raghonagar Bhauara, P.S.- Nagar (Town), District - Madhubani. ... ... Petitioner/s Versus 1. State of Bihar 2. Wasi Ahmad Ansari, S/o late Wahab Ansari Resident of Raghonagar, Bhauara, P.S.- Nagar (Town), District Madhubani. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh, Adv. For the State : Mrs. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 8 28-01-2025 Heard Mr. Sunil Kumar Singh, learned counsel appearing for the petitioner and Mrs. Pronati Singh, learned APP appearing for the State. 2. The instant petition has been filed for quashing the order dated 04.02.2015 passed by the court of learned Chief Judicial Magistrate, Madhubani, in connection with Nagar P.S. Case No. 295 of 2014, by which the cognizance of the offences punishable under sections 147, 149, 341, 323 and 504 has been taken against the petitioner and others and they have been summoned for the alleged offences. 3. The main ground taken by the petitioner’s counsel to assail the order impugned is fabrication of a false case by the informant on account of inimical terms and he has pointed out Patna High Court CR. MISC. No.38332 of 2015(8) dt.28-01-2025 2/3 several criminal cases lodged by both the sides against each other. Learned counsel submits that the petitioner is brother of one, namely, Safina Khatoon and the O.P. No. 2 is the brother-in-law of said Safina Khatoon, who filed a complaint case under section 498A of the IPC against the informant of this case and others and in this regard, Annexure- ‘2’ is relevant and said case was compromised by both the sides but thereafter, petitioner’s sister was again tortured by the informant of this case and others, owing to that physical cruelty, the petitioner’s sister suffered abortion for which she lodged Sadar P.S. Case No. 230 of 2011 and only then in order to pressurize the petitioner, his sister and others, Sadar P.S. Case No. 229 of 2011 was lodged by the in-laws of petitioner’s sister and in that case, the petitioner and others filed a discharge petition which was rejected and they challenged that rejection order by filing Cr. Misc. Case No. 7508/2014 before this Court which was allowed. These cases are sufficient to show that both the parties are on litigating terms and the instant case has been lodged due to malafide intention. As per the allegations levelled in the FIR of present matter, the petitioner and other co- accused persons were alleged to have assaulted the O.P. No. 2 by means of khanti, ironrod and lathi but the learned Magistrate has taken cognizance of the offence under section 323 and other minor offences of the IPC. Patna High Court CR. MISC. No.38332 of 2015(8) dt.28-01-2025 3/3 4. On the other hand, learned APP appearing for the State has vehemently opposed the instant petition and submitted that there is sufficient material to proceed with the alleged offences of which the cognizance has been taken against the petitioner. 5. Heard both the sides and perused the relevant materials. The FIR of the present matter was registered on the basis of fardbeyan of the O.P. No. 2 which was recorded by him in the Sadar Hospital, Madhubani in injured condition and the petitioner is named in the FIR and against him, there is specific allegation of having participated in the commission of the alleged occurrence of marpit and the police chargesheeted the petitioner finding substance in the allegations. Though in between both the parties, there is series of litigations of criminal cases but merely by this fact, the allegations levelled by the informant in his fardbeyan which was recorded by him in injured condition in the hospital cannot be thrown out at the initial stage. Accordingly, this Court finds no merit in this petition and finds no illegality in the order impugned, so, the instant criminal miscellaneous petition stands dismissed. annu/- (Shailendra Singh, J) U T