IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43567 of 2009 1. BINOD YADAV S/O RAMESHWAR YADAV 2. CHANDAR YADAV @ CHANDRA NARAYAN YADAV S/O RAMESHWAR YADAV 3. RAMESHWAR YADAV S/O RAM JI YADAV 4. SAKINDAR YADAV S/O RAMESHWAR YADAV 5. KAMESHWAR YADAV @ KAMO YADAV S/O RAMESHWAR YADAV ALL R/O VILL- BELA GANAURNI, P.S. JAMALPUR, DISTT. DARBHANGA 6. RAMDEO YADAV S/O RAMJI YADAV R/O VILL- PALWA, P.S. JAMALPUR, DISTT. DARBHANGA Petitioners Versus 1. THE STATE OF BIHAR 2. Lakshami Yadav son of Shobhit Yadav R/O VILL- PALWA, P.S. JAMALPUR, DISTT. DARBHANGA Opposite parties -------- 2- 21.12.2009 Heard learned counsel for the parties This application has been filed against the order dated 7.1.2008 passed by the Judicial Magistrate, Ist Class, Biraul at Benipur, Darbhanga in Protest-cum- Complaint Case no. 291 of 2007/ Tr. no. 2102 of 2008 by which cognizance has been taken against the petitioners under sections 323 and 379 of the Indian Penal Code. The facts stated by learned counsel for the petitioners are that there is proceeding under section 144 of the Code of Criminal Procedure between the petitioners and the informant and due to this fact a false case was instituted. The police investigated the case and found that it is a false case and recommended for proceeding under section 182 and 211 of the Indian Penal Code. In the meantime, the informant filed protest petition and the court has proceeded on protest petition and taken cognizance in this case for the offence under sections 323 and 379 of the Indian Penal Code. - 2 - I find that there is no illegality in the order of cognizance when the question that land dispute between the parties will be considered at a later stage. In the circumstances, this application is dismissed. (Sheema Ali Khan,J) Shahid