IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1504 of 2008 CHANDRA SHEKHAR SINGH & ANR Versus THE STATE OF BIHAR & ANR ----------- 4 26.4.2010 KHAN Heard counsel for the petitioners and the State. The petitioners pray for quashing the order dated 11.9.2007 passed by the Judicial Magistrate, Ist Class, Bhojpur at Arrah in Complaint Case No.183©/07, Tr.No.2491 of 2007 whereby he has taken cognizance of offence under sections 323 and 379 of the Penal Code. The petitioners submit that there is a bonafide dispute over the land in question and as such no case under sections 323 and 379 of the Penal Code is made out. Further more, the police case instituted by Opposite party no.2 was found to be false. In view of the prosecution case there is prime facie case of title on the disputed land and as such continuance of proceeding under sections 323 and 379 of the Penal Code would be an abuse of process of the court. In the circumstances, the impugned order dated 11.9.2007 taking cognizance of offence under sections 323 and 379 of the Penal Code against the petitioners is hereby quashed. In the result, this application is allowed. (S.P.Singh,J)