IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35321 of 2007 1. RAM BALAK SAH 2. DINESH SAH 3. MADAN PRASAD SHAN 4. AMARANTH SAH 5. BISHUNDEO SAH 6. ARBIND SAH 7. LAXMI PANDIT VERSUS 1. STATE OF BIHAR & 2. RAMCHANDRA SAH. ----------- 4 07.11.2009. Heard learned counsel for the parties. Petitioners have come to this Court for quashing order dated 18.12.2006, passed by the Judicial Magistrate Ist class, Begusrai in Complaint case no. 1031C of 2006, by which the court held that offence under sections 148,323,379 and 34 I.P.C. is made out against them and directed to issue summons against them. The petitioners submit that they have been made accused in the instant case because they were the witnesses of Complaint case no. 1652C/2003. More so, petitioner Ram Balak Sah has already filed Title suit no. 123 of 2003 dated 27.5.2003 against the complainant of this case. This petitioner had filed informatory petition in the court of the Chief Judicial Magistrate, Begusarai on 24.4.2003 against the complainant and his family members. He had also lodged Khodawanpur Police Station case no. 40/2004 dated 23.6.2004 under sections 436 and 34 I.P.C., against the complainant. They submit that the instant Complainant case no. 1031C/2006 dated 16.6.2006 has been filed as a retaliation. The Criminal Misc case is disposed of with observation that the petitioners may take all these points at the time of framing of charge. Shashi. (Samarendra Pratap Singh,J).