IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28475 of 2006 JANARDAN PRASAD SINGH & ORS Versus STATE OF BIHAR ----------- 5 11.8.2008 Heard learned counsel for the petitioners as also learned counsel for O.P. No. 2 and learned A.P.P. for the State. The grievance of the petitioner is against order dated 27.4.2006 passed by the learned 1st Addl. Sessions Judge, Banka in Cr. Revision No. 141 of 2004, whereby while dismissing the revision he has upheld the order dated 24.1.2004 passed by Sri V.D.Upadhaya, Judicial Magistrate, 1st Class,, Banka in Complaint Case No. C 1046 of 2003 , whereby he has taken cognizance of offence under sections 420, 120B, 467, 323 and 504 I.P.C. against the petitioner. The preliminary objection to the cognizance order as contended for the petitioners is that earlier in a proceeding under section 145 Cr.P.C. being Case No. C 18 of 1961, the learned Magistrate declared the possession of the petitioners over the disputed lands till such time that an order was passed from the competent court of civil jurisdiction and thereafter in the appeal preferred thereagainst the Revenue Court (Annexure 3) had refused to give any order on the question of title and possession and had cancelled the Jamabandi granted by Case No. 56 of 1974-75. - 2 - All the submissions advanced by the learned counsel for the petitioners appear to be question of facts and involves perusal of documents which cannot be looked into or done in a proceeding under section 482 Cr.P.C. in the face wherefrom the complaint’s case itself the complainant and his witnesses have been able to satisfy the learned Magistrate taking cognizance that a prima facie case has been made out. In the aforesaid situation the petitioner may raise all these issues at the time of framing of charge and in the event of such issue being raised the Court framing charge will take into consideration the necessary facts and figures and pass orders in accordance with law. With the aforesaid observation this application is disposed of. Spd/- (Abhijit Sinha, J.)