IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13859 of 2008 AJAY KUMAR S/O SRI JAGARNATH THAKUR R/O VILLAGE- KHASPATTI YADUNATHPUR P.S. SAKRA DISTRICT- MUZAFFARPUR …………… Petitioner. Versus 1. THE STATE OF BIHAR. 2. MAHESH PRASAD SINGH @ RAM KUMAR BABU S/O LATE RAMESHWAR PRASAD SINGH, R/O VILLAGE- PILKHI GAJPATI P.S. SAKRA, DISTRICT- MUZAFFARPUR. ……………….Opposite Parties. ----------- 3. 17.01.2011 Heard learned counsel for the petitioner Mr. Awadhesh Kr. Singh and learned counsel for the state Mr. Jharkhandi Upadhyay. The petitioner has challenged the order dated 17.10.2005 passed by the learned Judicial Magistrate Ist Class, Muzaffarpur, whereby cognizance has been taken under Sections 355, 352, 323, 504 and 397 of Indian Penal Code in Complaint Case No. 148 of 2004. It has been submitted by the learned counsel for the petitioner that under the mistaken identity and due to the land dispute, the petitioner has been implicated in this case maliciously. A supplementary affidavit has been filed today to the effect that still the charges have not been framed. In view of prima facie case being found by learned court below, this court is not inclined to interfere with the cognizance order, however, if the discharge application will be filed on behalf of the petitioner, learned court below may consider the contention of the petitioners as well as the opposite parties in accordance with law. With these observations, the application is disposed off. Fahad. ( Dinesh Kumar Singh, J. )