IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30656 of 2008 1) Dheeraj Kumar @ Kachauri Gope, son of Dukhan Yadav, Mohalla Kaviraj Path, Pirmohani and Postal Park, Dist. Patna. 2) Raj Kumar alias Raju Kumar, son of Kailash Yadav, Mohalla Pirmohani Pani Tanki, PS Kadam Kuan, dist. Patna – Petitioners. Vs. The State of Bihar. 2 27.6.2011 Heard learned counsel for the petitioners and the State. This application has been filed for quashing of the order taking cognizance, dated 2.1.2008 passed by the Judicial Magistrate, 1st Class, Patna in Gandhi Maidan PS Case No. 329/2007. Learned counsel for the petitioners submits that the case has been falsely lodged just because the petitioners happened to demand the money due to them on account of supplying milk to the informant. The defence of the petitioner cannot be considered at the stage of taking cognizance. This application is dismissed. haque ( Sheema Ali Khan, J.)