IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2926 of 2009 1. Yadubansh Singh, son of Late Khaderan Singh, 2. Ranjan Kumar Singh, 3. Piyush Singh, sons of Yadubansh Singh, 4. Biraj Choudhary @ Braj Raj Singh, son of Late Godhan Chudhary, 5. Dablu Chudhary @ Dablu Kr. Choudhary, son of Biraj Choudhary, 6. Nand Kishore Sah, son of Naina Sah, 7. Ramesh Tanti, son of Jomdhari Tanti, 8. Shiv Narayan Bind, son of Basa Bind, 9. Vijay Sonar, son of Ram Pujan Sonar, 10.Santosh Sah, son of Nand Kishore Sah, all of village Sonbarsa, PS Nawanagar, District Buxar – petitioners. Vs. The State of Bihar. 3 13.4.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 28.11.2007 passed by the Judicial Magistrate, Ist Class, Buxar in Nawanagar (Sonbarsa) PS Case No. 133/2006, G.R. No. 1718/2006, Tr. No. 1836/2008 by which cognizance has been taken for the offences under sections 147, 148, 323, 427, 451, 380 and 504 of the Penal Code and section 3(1)/4 of the SC/ST Act. Learned counsel for the petitioners submits that the case has been filed because of a civil dispute between the parties with respect to some land as such the court taking cognizance ought to have considered the final report wherein the Officer Incharge has also found that the dispute arises because of a civil case pending between them and the fact is that there was just hot exchange of words. All these aspects should be considered by the court below at the stage of framing of charges. This application is disposed of with the aforesaid observation. haque (Sheema Ali Khan, J.)