IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.32101 OF 2008 1. RAM CHANDRA SHARMA, SON OF LATE BABULAL SHARMA 2. ARBIND SHARMA, SON OF RAMCHANDRA SHARMA 3. DHARBINDER SHARMA, SON OF RAM CHANDAR SHARMA 4. DUKHNI DEVI, WIFE OF RAM CHANDRA SHARMA 5. PUNAM DEVI, WIFE OF ARBIND SHARMA 6. RAJIA DEVI, WIFE OF DHARMINDER SHARMA 7. ISRAIL ANSARI, SON OF LATE ABDUL ANSARI ALL ARE RESIDENT OF VILLAGE AIGNI, POLICE STTION KHODAWANDPUR, DISTRICT BEGUSARAI 8. ANITA DEVI, DAUGHTER OF RAM CHANDRA SHARMA, WIFE OF MADAN SHARMA, RESIDENT OF VILLAGE BAJITPUR, POLICE STATION KHODAWANDPUT, DISTRICT BEGUSARAI 9. RAM SAGAR SHARMA, SON OF LATE NATHUNI SHARMA 10. GULTEN SHARMA, SON OF RAM SAGAR SHARMA 11. PHULTEN SHARMA, SON OF RAM SAGAR SHARMA 9 TO 11 ARE RESIDENT OF VILLAGE MATIHANI, POLICE STATION KHODAWANDPUT, DISTRICT BEGUSARAI VERSUS 1. THE STATE OF BIHAR 2. RAM NANDAN SHARMA, SON OF JADO SHARMA, RESIDENT OF VILLAGE AIJNI, POLICE STATION KHODAWANDPUR, DISTRICT BEGUSARAI ********** 2 30/06/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed against the order dated 29.01.2008 passed in Complaint Case No. 871 (C) of 2007 by which Judicial Magistrate, 1st Class, Begusarai has taken cognizance for the offences alleged to have been committed under Sections 147, 323, 380 and 427 of the Indian Penal Code. Counsel for the petitioners submits that there was a proceeding under Section 144 of the Code of Criminal Procedure pending between the parties and that 2 the petitioners had also filed a complaint case against the complainant of the present case numbered as Complaint Case no. 710 of 2007 and as such, the present case is false, fabricated and filed with a malafide intention. All these aspects of the matter cannot be considered at this stage. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )