IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25508 of 2007 VISHWANATH JHA & ORS Versus THE STATE OF BIHAR & ANR ----------- 6. 21.7.2009 This application has been filed for setting aside the order dated 15.3.2007 passed by the 2nd Assistant Sessions Judge, Darbhanga by which he has rejected the application of the petitioners under Section 227 of the Code of Criminal Procedure. It is said that the occurrence took place due to the land dispute and the petitioners by virtue of a title suit were in possession of the said land. It is the contention on behalf of the petitioners that the informant wanted to dispossess the petitioners and therefore have instituted this false case alleging that the petitioners had assaulted the informant with a sharp cutting weapon. Learned counsel for the petitioner submits that the Court has wrongly taken cognizance under Section 307 of the Indian Penal Code as there is insufficient material to support the allegation that the injuries were grievous in nature and that there was an intention on behalf of the petitioner to injure the informant. The Court below has rejected the application on the ground that there is material in the case diary which would indicate that the petitioners has assaulted the informant and others by Farasa and Lathi causing injury on the head and other parts of the body. The question whether the petitioners were in possession of the land and have a bonafide title to the land shall obviously play an important role in establishing that whether the petitioners had the right - 2 - to defend his property or whether the informant had provoked the petitioner to commit such an Act. The aforesaid matters would obviously need detail enquiry and evidence and therefore, this Court at this stage cannot hold that no offence under Section 307 of the Indian Penal Code is made out against these petitioners. In the facts aforesaid and the reason stated in the order, this application is dismissed. P. Kumar (Sheema Ali Khan, J.)