IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11296 of 2009 SAFAL KUMAR MISHRA, son of late Sachchidanand Mishra, resident of Ward No. 12, Narkatiaganj, P.S.-Shikarpur, District-West Champaran, at present University Professor and Head of the Department of Zoology in T.P. Verma College, Narkatiaganj, West Champaran. …….Petitioner Versus 1. The State Of Bihar 2. Suman Kumar Mishra, son of Late Sachchidanand Mishra, resident of Near Old Dharamshala Ward No. 12, narkatiaganj, P.S.-Shikarpur, District-West Champaran. ……Opposite Parties. ----------- 03. 01.02.2010 Heard learned counsel for the petitioner, learned counsel for the opposite party and leaned counsel for the State. The petitioner is aggrieved with the order passed refusing to discharge the petitioner for offences under Sections 323, 379 of the Indian Penal code passed in Trial No. 1311 of 2006. Learned counsel for the petitioner submits that there is a case and counter case. In the case filed on behalf of the petitioner, the police has found that the case is true but the occurrence has taken place due to a land dispute. It appears that there was a registered partition between the two brothers in the year 1991 and thereafter the opposite party involved this petitioner in a case as he has taken more than the allocated land in accordance with the partition and when the opposite party wanted to get the 2 land measured the problem has arisen. Both the parties have filed cases against each other. The trial in this case has begun during pendency of this case and one witness has been examined. The parties would be at liberty to raise all the questions including the motive for filing of the case before the Trial Court at the appropriate stage. The parties would also be at liberty to bring the registered partition on record in order to substantiate their cases. The application is dismissed with the aforesaid observation. Shageer (Sheema Ali Khan, J)