Sri Dilip Sen v. THE STATE OF BIHAR

advanced by the learned counsel for the petitioner remains unrebutted. The learned A.P.P. appearing on behalf of the State has very - 5 - fairly conceded that the petitioner on perusal of the complaint petition does not appear to have been involved in any manner whatsoever with the alleged incident which led to the publication of the news item which purportedly aggrieved and heart feelings of complainant. No specific over act appears to have been alleged against the petitioner anywhere in the complaint petition. I have had the occasion to peruse the complaint petition and the impugned order passed by the learned Magistrate taking cognizance. In the whole of the complaint petition apart from the petitioner being arrayed as an accused , I find no allegation of any purported overt act to have been attributed to him nor is there any reference to the role played by the petitioner either in the “war of attrition” between the Project Director and the Superintendent, P.M.C. H. or in the publication of the news item. Due regard being had to the facts and circumstances of the case, the prosecution of the petitioner appears to be an abuse of the process of the court. Accordingly, the entire criminal proceeding arising out of Complaint Case No.2216 (M) of 2005 so far as the petitioner is concerned including the order dated 11.8.2005 taking cognizance is hereby quashed and the application is allowed. ( Abhijit Sinha, J ) Patna High Court,Patna Dated : the 10th April,2009 Nawal Kishore Singh/A.F.R.