IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37006 of 2007 1. SURAJ PRASAD GUPTA S/O- LATE RAM CHANDRA SAH RESIDENT OF MOHALLA KOISHAL NAGAR, P.S.- GARDANIBAGH, DISTRICT- PATNA. 2. MUKESH SAH, S/O- DAYA SAH, RESIDENT OF KISHUNPUR, BOHRA, P.S. SARAI, DIST. VAISHALI Versus 1. THE STATE OF BIHAR 2. RAM JANAM PASWAN, S/O- JAI MANGAL PASWAN, R/O- JAFARABAD, P.S.- LALGANJ, DISTRICT- VAISHALI. ----------- 6 06.08.2010 Heard both sides. Petitioners assail the order dated 18.6.2005 passed by learned Judicial Magistrate, 2nd Class, Hajipur in Tr.. no. 1945/2006. By this order, cognizance has been taken under diverse sections of Indian Penal Code including Sections 420, 464, 465, 467, 471, 120B of the Indian Penal Code. A perusal of the order indicates that an inquiry was held. The complainant was examined on S.A. and four witnesses were produced. On a consideration of the materials emanating from the record, it has been found and held that a prima face case is made out justifying the order taking cognizance. Learned counsel for the petitioners, while assailing the legality of the impugned order, contends that the present application has been filed with mala fide motives. The complainant had taken certain loan from petitioner no. 1 which he failed to pay back and to get rid of the said loan, the present case has been lodged with the concocted allegation. These issues cannot be considered at the time of taking cognizance. Petitioner shall have adequate opportunity to 2 place all these facts at the appropriate stage of the proceeding. Considering the scope of the jurisdiction invoked by the learned court below, this Court is satisfied that no illegality has been committed by passing the impugned order. The application has no merit. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )