IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19691 of 2007 1. DAYA SHANKAR SHARMA 2. Sakendra Sharma @ Sikandar Sharma, Both sons of Bindeshwari Sharma 3. Vinoy Sharma 4. Deep Narayan Sharma Both sons of Ram Prasad Sharma 5. Jawahar Sharma Son of Anandi Sharma 6. Rekha Devi Wife of Angrej Sharma All residents of Village Bhoju Tola, Police Station Narayanpur (Bhawanipur), District- Bhagalpur. . . . . . Petitioners. Versus STATE OF BIHAR & ANR For the Petitioners : Mr. Brajesh Kumar Sinha, Adv. For the Opp. Party no.-2: Mr. Raj KishoreSrivastava, Adv. For the State : Mr. Jharkhandi Upadhyay, A.P.P. ----------- 8/ 20.04.2010 Heard learned counsel for the petitioner and the State as well as opposite party no.-2. The petitioners have prayed for quashing the order dated 14.03.2007 passed by Judicial Magistrate, Naugachia, Bhagalpur in Complaint Case no. C-365 of 2006, whereby he has taken cognizance under Section 420 and 109 of the Indian Penal Code. The petitioners submit that they are purchaser from Tribhuwan Singh, opposite party no.1, of Complaint case no. C- 365 of 2006. Learned counsel submits that the dispute if any would be a Civil dispute, as he has already purchased the land in question. On the other hand, the complainant submits that despite knowledge that Tribhuwan Singh has agreed to sell the land in favour of the complainant, the petitioners purchased the land in question. The petitioners may raise all these points at the time of framing of charge. At this stage, I am not inclined to interfere with the order taking cognizance. In case, if petitioners file a petition - 2 - for discharge, the court below would dispose of the same on its own merit. It is made clear that this Court has not made any observation on the merit of the case. Uday/ (Samarendra Pratap Singh, J.)