IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46952 of 2007 1. NAZIM ANWAR SON OF AZIMUDDIN RESIDENT OF KAMALPUR. 2. VIJAY KUMAR DAS SON OF SUDHIR KUMAR DAS, RESIDENT OF ALTA HAT, BOTH POLICE STATION KOCHADHAMAN, DISTRICT- KISHANGANJ. Versus 1. THE STATE OF BIHAR 2. SHAHNAWAJ ALAM SON OF MD. AINUDDIN RESIDENT OF SARAI, POLICE STATION KOCHADHAMAN, DISTRICT- KISHANGANJ. ----------- 4 22.03.2010 Counsel for the petitioners and counsel for the opposite party no. 2 are present. Petitioners assail order taking cognizance. An F.I.R. was lodged alleging therein that the informant had sold his tractor and trailor to the petitioners sometimes in the year 1999 and affidavit in this regard has been duly affirmed. Possession of the vended properties was handed over to the purchaser/petitioners. Subsequently, the complainant received a demand notice from the office of D.T.O. regarding non-payment of tax respecting the said tractor and trailor. When the complainant contacted the petitioners, he was made known to it that they had, in their turn, sold the said tractor and trailor to some other person on 12.1.2000. Thus, it is alleged that without getting the ownership of the tractor and trailor dully transferred in their name, they had sold the same and were not prepared to pay the road tax respecting the said vehicle. Matter was investigated whereafter charge-sheet was filed. The learned Chief Judicial Magistrate on perusal of the materials on record including the case diary found 2 that there is prima facie case for proceeding against the petitioners. Accordingly, cognizance has been taken. This court finds no merit in this application. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )