IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.361 of 2010 1. VIJAY THAKUR, SON OF LATE JAGDISH THAKUR 2. SHAMBHU SHARAN THAKUR, SON OF LATE YAMUNA THAKUR 3. RISHIKANT THAKUR, SON OF BALIRAM THAKUR 4. SURESH THAKUR, SON OF RAMNATH THAKUR 5. RAM VINAY THAKUR, SON OF UDAY THAKUR ALL ARE RESIDENT OF VILLAGE CHATIYA, P.S. MALAHI, DISTRICT MOTIHARI. ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. SOMESHWAR KUMAR, SON OF SHARDA NAND SINGH, RESIDENT OF VILLAGE CHATIYA, P.S. MALAHI, DISTRICT MOTIHARI. ---- OPPOSITE PARTIES ----------- 2 6.5.2010 The petitioners have challenged the order rejecting the discharge application and the order passed by the Revisional Court affirming the order dated 9.2.2009 passed in Trial No. 2927 of 2009. On perusal of the records, it appears that the petitioners have challenged the framing of charges on the ground that there is a case and counter case, admitted dispute with respect to encroachment of land in which proceeding is pending. It is submitted that the institution of the case is malicious and as such the petitioners should be discharged from the offences alleged. All these aspects can only be considered at the time of trial. This Court is not inclined to interfere with the order. This application is dismissed. Sanjay (Sheema Ali Khan, J.)