IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.35051 of 2008 ====================================================== 1. Amit Kumar @ Amit Kumar Mandal, Son of Nitya Nand Mandal. 2. Nitya Nand Mandal, Son of Late Bhothri Mandal Both residents of Village Narnath Chak, PS Naugachia, District Bhagalpur. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Siya Ram Mandal, Son of late Wakil Mandal, Resident of Harnath Chak, PS Naugachia, District Bhagalpur .... .... Opposite Party/s ====================================================== 2 12-07-2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by the order taking cognizance, dated 24.12.2007, passed by the Sub-divisional Judicial Magistrate, Naugachia, District Bhagalpur, in Naugachia P.S. Case No. 270 of 2007. Learned counsel for the petitioners submits that this complainant is in the habit of filing frivolous and false cases. Earlier to this case, he had filed a complaint case which was sent for enquiry before the Circle Officer and was finally dismissed. It was submitted that in that case some of the petitioners were accused which indicates that filing of the present case is malicious. In fact, the Chief Judicial Magistrate has taken cognizance by differing with the findings of the Investigating Officer. There is no doubt that the Magistrate has power to take cognizance by differing with the opinion of the Officer Incharge. However, the petitioners would be at liberty to raise these issues that have been raised in this Court, at the appropriate stage of the case. This application is disposed of with the aforesaid observation. Sanjay ( Sheema Ali Khan, J)