Criminal Miscellaneous No.27259 OF 1998 ------ In the matter of an application under section 482 of the Code of Criminal Procedure. ------ 1. SITA RAM PRASAD SINGH son of Anup Singh 2.Arun Kumar Singh son of Sita Ram Singh All resident of Brindavan, P.S.-Nawakothi, Dist.-Begusarai ….. ….Petitioners Versus 1.STATE OF BIHAR 2.Ram Pravesh Das son of Ram Gulam Das, resident of Brindavan, P.S.-Navakothi, Dist.-Begusarai. ….. ….Opp. Party ------- For the petitioners : Mr.Pramod Manbansh For the opp.Party no.2: M/s Satish Kumar and Radha Mohan Pandey For the State: Mr.Shailendra Kumar ------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ------- Rakesh Kumar,J. Two petitioners, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, have prayed for quashing of the order dated 18.4.1998 passed by Chief Judicial Magistrate, Begusarai. By the said order the learned Magistrate has taken cognizance for the offences under sections 323, 341, 379, 447/34 of the Indian Penal Code in connection with Navakothi P.S. Case No.88 of 1997. 2. Mr. Pramod Manbansh, learned counsel appearing on behalf of the petitioners, submits that allegation of theft in the present case is not made out. He submits that the bamboo trees which have been alleged to be stolen were lying over the land of these petitioners. He further submits that the petitioners are having a copy of the sale deed to show that land over which the bamboo trees were lying was in their possession and they were owners of 2 the said land. 3. Mr. Radha Mohan Pandey, learned counsel appearing on behalf of the opposite party no.2, opposes the prayer of the petitioners. He has been supported by Mr.Shailendra Kumar, Additional Public Prosecutor. 4. However, after some argument learned counsel for the petitioners seeks permission to withdraw this petition with a liberty to raise all these points at the stage of charge. 5. Prayer is allowed. The petition stands dismissed. 6. It is made clear that if petitioners file a petition at the stage of charge and produce some documents, the learned Magistrate may examine all these things and shall pass order in accordance with law without being prejudiced by this order. Patna High Court The 30th March, 2010 Md.S./NAFR ( Rakesh Kumar, J.)