IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45041 of 2007 1. Shankar Biswas, Son of Late Bisheshwwar Bishwas. 2. Most. Reshami Devi, Wife of Late Bisheshwawr Bishwas. 3. Dhaneshwar Bishwas, Son of Late Binti Bishwas. All resident of Village Jhiruwa, P.S. Simraha, District Araria. ------------ petitioners Versus 1. State of Bihar. 2. Satya Narayan Bishwas, Son of Late Kalanand Bishwas, Resident of Village Jhiruwa, P.S. Simraha, District Araria. -------- Opposite Parties ----------- 4 26.03.2010 Heard learned counsel for the parties. The prayer for quashing of the order taking cognizance for offence under Sections 406, 420/34 of the Indian Penal Code cannot be allowed only because the petitioners have a feeling that there is no documentary evidence to show handing over of such money to them. The stage of taking evidence would be in fact at the stage subsequent to the order taking cognizance. As a matter of fact, from the order of this Court dated 19.1.2009, it would be clear that notices were issued only by recording that the petitioners are not averse to a settlement out of court. Today, however, counsel for the petitioners as also counsel for the opposite 2 party no.2 has jointly submitted that no such settlement out of court could be reached. That being so, when there are prima facie materials to constitute offence for which the order taking cognizance has been passed, this Court would find no reason to interfere with the same and accordingly, this application, being devoid of any merit, is hereby dismissed. Rsh (Mihir Kumar Jha, J.)