JUDGMENT :

V. Gopala Gowda, J.

Leave granted.

2. This criminal appeal by special leave is directed against the impugned judgment and order dated 08.12.2010 in Crl. Misc. No. 5777 of 2009 passed by the High Court of Judicature at Patna whereby it allowed the said criminal miscellaneous petition filed by the respondent nos.2 to 9 herein, by setting aside the cognizance order dated 10.11.2008 passed by the learned Addl. Chief Judicial Magistrate, Rosera, Bihar in Singhia Police Case No.37/2008 and quashed the criminal prosecution.

3. Brief facts of the case are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties:

The case of the prosecution is that on 29.03.2008, the informant-Mukhtar went to the house of his relative at village-Navdega and stayed there. On 30.03.2008, at about 12.00 noon, his uncle Md. Hasim informed him on telephone that his wife’s condition was serious and she was being taken to Singhia for treatment. Mukhtar was asked to reach Singhia. It is alleged by the informant that on reaching Singhia, he neither found his wife nor his uncle. On enquiry from his uncle, he was informed about the death of his wife. Thereafter, he reached his ho