IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43016 of 2008 Raj Kishor Singh Versus 1. State Of Bihar 2. Rajesh Kumar Singh @ Rajua -------------------- Opposite Parties ------ For the petitioner: Mr. Pramod Mishra For the State: Miss Sharda Kumari, APP ------------ 4 24.11.2011 This is an application for quashing the order of cognizance dated 21.9.2005 passed by Sub-Divisional Judicial Magistrate, Lakhisarai in Complaint Case No. 111(C)2005 whereby it has taken cognizance under sections 147, 323, 379, 427. Heard counsel for the parties. The only submission is regarding malicious prosecution in retaliation of filing of eviction suit by this petitioner. Allegation is that all the accused persons surrounded the complainant while he was irrigating his onion field and asked why partition suit was filed on his behalf against accused persons. He was further asked to withdraw the partition suit otherwise to kill and on refusal this petitioner ordered to kill and damaged pumping set and thereafter all the family members assaulted the complainant by slaps, Lathi, 2 Paina and abused also and damaged the crop of onion valued approximately Rs. 2500/- to Rs. 3000/-. Petitioner is further alleged for snatching Rs. 1,000/- and further was threatened to compensate the expenses sustained in the case by them. Witnesses are examined on S.A. in course of inquiry corroborating the allegation, rightly cognizance has been taken in Complaint Case No. 111(C)2005 by Sub- Divisional Judicial Magistrate, Lakhisarai by its order dated 21.9.2005. Its sections may be justified at the time of framing of charge. This application is accordingly, dismissed. AI ( Mandhata Singh, J.)