IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32640 of 2007 VIJAY KUMAR SINGH Versus THE STATE OF BIHAR & ANR ----------- 5 26.10.2009 Let counter affidavit filed on behalf of O.P. no.2 be kept on the record. The petitioner is aggrieved by order dated 5.8.2006 passed by learned J.M., Ist Class, Patna in Complaint Case No.1254/06 by which he has taken cognizance of offence under sec tions 406,420 and 504 of the I.P.C. Learned counsel for the petitioner submits that the dispute has arisen out of an agreement and as such it would be substantially a civil litigation. Learned counsel submits that the place of occurrence mentioned in column 4 is Prabhat Khabar Office, Patna whereas in the complaint petition, the allegation is with respect to some occurrence at Begusarai. The petitioner submits that he has neither assaulted the deceased nor cheated any one. Learned counsel for the opposite party submits that the complaint discloses the offence under sections 406, 420 and 504 of the I.P.C. After having heard the learned counsel for the parties this Court is of the view that the petitioner may take these points before the court concerned at the time of framing of the charge. The court concerned would adjudicate the same after affording an opportunity of hearing to both the parties. 2 With the aforesaid observation this quashing application stands disposed of. Anilkrsinha (Samarendra Pratap Singh, J.)