IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55440 of 2007 1. Umesh Kumar Prabhakar son of late Satya Narayan Singh 2. Binod Singh son of late Ram Briksh Singh 3. Pramod Singh son of late Ram Briksh singh 4. Bijay Singh @ Nawal Kishore son of Shrilal Singh All r/o vill. Ramjee, Chak P.S. Digha Dist. Patna. ----Petitioners. Versus 1. The State of Bihar 2. Ambar Kumar son of late Nityanand Singh R/o vill. Kathoutiya P.S. Maner, Dist. Patna at present R/o mohalla-Ramjee chak, P.S. Digha, Dist.Patna. ---Opp.Parties. ----------- 04. 08.07.2010 Heard learned counsels for the petitioners, State and opposite party no.2. Petitioners assail order taking cognizance dated 30.06.2007, passed by learned Judicial Magistrate Ist Class, Patna in complaint case no. 956(C) of 2007. It is admitted position that trial of the case has now begun and two witnesses have been examined. Learned counsel for the petitioners states that the dispute raised in the complaint is basically a civil dispute. It is contended that, in fact, there is a Title Suit going on between the heirs of Dhanraj Singh (Since dead). The said Title suit was filed by the wife of Harihar Singh, who was one of the three sons of Dhanraj Singh. It is next contended that Baijnath Singh and Sheo Nath Singh the two other sons of Dhanraj Singh are defendants to the said suit. It is, thus, contended that they exercised their right by virtue of an agreement entered into between them and Kalawati Devi and Sheo Nath Singh who are daughter and ‘naati’ (daughter’s son) of Jiyasia Devi. Learned counsel representing the opposite party no.2 states that 2 the impugned order now pales into insignificance as the matter is at the trial stage. Petitioners shall have full opportunity to bring these facts to the notice of the Court below. It is submitted that the trial, at this stage, may not be interdicted as the allegations made in the complaint do prima facie indicate culpability of the petitioners. Having heard learned counsel for the parties and after going through the materials placed on record, this Court is of the view that since the matter is now pending trial where witnesses are being examined, the issues can be thrashed thereat. Petitioners herein shall have opportunity to adduced evidence and bring on record all relevant facts and make submission thereon. In that view of the matter, this Court declines from interfering with the order. The application is, accordingly disposed of. Sym ( Kishore K. Mandal, J.)