IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.24834 OF 2007 1. SATYANARAYAN PRASAD YADAV, SON OF LATE DINANATH PRASAD YADAV 2. KRISHNA PRASAD YADAV, SON OF LATE DINANATH PRASAD YADAV 3. CHANDRIKA PRASAD YADAV, SON OF LATE DINANATH PRASAD YADAV 4. TAPESHWAR RAI, SON OF RAMPUKAR RAI ALL ARE THE RESIDENTS OF VILLAGE KHALIRPUR, POLICE STATION BANIYAPUYR, DISTRICT CHAPRA 5. NAGENDRA TIWARI, SON OF LATE PARMESHWAR OJHA, RESIDENT OF VILLAGE PIPRAHIYA, POLICE STATION ISUAPUR, DISTRICT SARAN AT CHAPRA ………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. RAM BABU RAI, SON OF LATE BISHUNDEO RAI, RESIDENT OF VILLAGE USRI KALA, POLICE STATION ISUAPUR, DISTRICT CHAPRA ……………………………………………………………..OPPOSITE PARTIES ********** 6 20/07/2009 This application has been filed for quashing the order taking cognizance passed on 13.11.2006 by which the Chief Judicial Magistrate, Chapra has taken cognizance for the offences under Sections 147, 148, 149, 341, 324, 307, 504 of the Indian Penal Code. The main contention of the petitioners is that the present case has been filed as a counter blast of a case filed on behalf of the petitioners and in order to create a defence. It is also submitted that the ingredients of Section 307 of the Indian Penal Code are not made out against the petitioners. All these aspects of the matter would be consider during the trial of the case where the petitioners 2 will obviously get the opportunity to show to the Court by evidence that the case instituted against them is fake and fabricated. I see no reason to interfere with the impugned order. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )