IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29286 of 2009 1. AWADHESH SINGH @ AWADHESH KUMAR SINGH SON OF LATE BHARAT SINGH. 2. PAWAN SINGH @ PAWAN KUMAR SINGH, SON OF LATE BHARAT SINGH. 3. MAHESH CHOUDHARY SON OF JITENDRA CHOUDHARY. 4. SURESH RAM SON OF LATE BHIKHARI RAM. 5. PANCHU PANDIT SON OF LATE DUKHAN PANDIT. ALL RESIDENT OF VILLAGE- JADGISHPUR, P.O.- NEURA, P.S. BIHTA, DIST.- PATNA. -----------------PETITIONERS Versus 1. THE STATE OF BIHAR 2. ASHOK KUMAR GIRI SON OF SHRI RAMSWARUP GIRI, R/O VILLAGE-JAGDISHPUR, P.S.- NEURA, P.S.- BIHTA, DIST.- PATNA. For the petitioners---------- Mr. Rajnikant Kr. Mishra, Adv. For the State ----------Mr. Dashrath Mehta, A.P.P ----------- 6 07.03.2011 Heard learned counsels for the petitioners, opposite party and the State. The petitioners have challenged the order of cognizance dated 06.05.2009, whereby, the cognizance has been taken under Sections 147, 323, 427 and 504/34 of the Indian Penal Code in Complaint Case No. 1235(C) of 2008. It is submitted on behalf of the learned counsel for the petitioners that, the case was maliciously lodged as prior to the lodging of the case, the petitioners’ side had filed informatory petition. During the enquiry, the Police found that the land belonged to the private temple of the petitioners’ side. The petitioners have annexed the documents, reflecting the title of the land, the accusation has been levelled that the crops, on the said, were destroyed by the petitioners’ side. Considering the materials on record, let the learned 2 court below consider all these contentions at the time of framing of charges and pass appropriate order. With the above observation, this application is disposed off. Amrendra/ (Dinesh Kumar Singh, J.)