IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55463 of 2007 1. GUPTESHWAR PRASAD GUPTA S/O RAM BRIKSHA SAO 2. SHAKUNTALA DEVI, W/O GUPTESHWAR PRASAD GUPTA 3. KRISHNA PRASAD GUPTA, S/O GUPTESHWAR PRASAD GUPTA 4. SHAMBHU PRASAD GUPTA, S/O GUPTESHWAR PRASAD GUPTA --- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. KAUSHALYA DEVI, W/O LATE GANESH SHARMA --- OPP. PARTIES. For the Petitioners : Mr. Avinash Kr. Singh, Advocate. For the O.P. no.2 : Mr. Birendra Kr. Singh, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 03 08.09.2010 Petitioners are aggrieved by the order by which cognizance has been taken in complaint case no. 665C of 2006. Learned counsel for the petitioners fairly states that during pendency of this application witnesses have been examined prior to framing of charge(s) It is the submission of the petitioners that the present prosecution has been launched for oblique reasons. It is stated that filing of the complaint was preceded by a proceeding under Section 107 of the Code of Criminal Procedure in which it was found that the complaiant and their son were creating disturbances relating to the land in question. Since the witnesses have already been examined the petitioners shall have an opportunity to raise/agitate all these issues at the stage of framing of charge(s). In that view of the matter, this Court declines to interfere with the order impugned. The application is dismissed with the liberty aforesaid. Sym ( Kishore K. Mandal, J.)