IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40439 OF 2008 1. SHIVBRAT SINGH @ SHYAM SINGH, SON OF LATE SATYADEO SINGH 2. KANHAIYA PRASAD SINGH, SON OF LATE SATYADEO SINGH BOTH RESIDENT OF VILLAGE NAINI, POLICE STATION CHHAPRA MUFASIL, DISTRICT SARAN AT CHAPRA …………………………………………………………………………….PETITIONERS VERSUS THE STATE OF BIHAR ********** 2 26/07/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 13.03.2000/23.03.2000 passed in Chapra (Mufassil) Police Station Case No. 522 of 1998 by which the Chief Judicial Magistrate, Chapra has taken cognizance for the offences alleged to have been committed under Sections 147, 148, 149, 447, 341, 323, 324, 307 of the Indian Penal Code. The petitioners are the Professors in the Engineering College working at Uttar Pradesh and Orissa. It is submitted that the informant who was the agnet of the petitioners, has filed this false and malicious case because of the land dispute between the parties. It is submitted that the injuries are superfluous in nature and it cannot be said that there was any intention on behalf of the petitioners to cause death of the informant. 2 All these aspects of the matter may be raised by the petitioners at the stage of framing of the charges. At present, the Court has only to consider whether prima facie a case is made out against the petitioners. This application is disposed of with the aforesaid observations. Anand (Sheema Ali Khan, J.)