IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30677 of 2007 1..LALAN PASWAN son of late Chanardev Paswan, resident of village Bhawdepur Got, P.O. Bhawdepur, P.S. and District Sitamarhi. 2.Mohan Mishra son of Shri Harish Chandra Mishra kativ, Subdivisional Registry Office, Sitamarhi, Dumra, P.S. Dumra, District Sitamarhi. 3.Sri Nandan Prasad son of Shri harish Chandra Prasad kativ, Subdivisional Registry office, Sitamarhi, Dumra, p.S. Dumra, District Sitamarhi. 4.Shambhu Prasad @ Shambhu Prasad yadav son of Nathuni Prasad, resident of Chandannagar, Bhavdepur, P.O. Bhavdepur, P.S. Riga, District Sitamarhi. Versus 1.STATE OF BIHAR 2.Lachhman Sah son of Nemi Chand Sah, resident of village Bhawdepur Got, P.O. Bhawdepur, P.S. Riga and District Sitamarhi. ----------- 6 17-02-2010 Heard counsel for the petitioners and counsel for the opposite party no.2. The only ground on which the order taking cognizance has been sought to be assailed is that it was by way of malicious prosecution that the complainant had brought the aforementioned complaint. This Court would find that unusually the order taking cognizance is a reasoned order and the reasons given thereunder are neither perverse nor illegal. At the stage of taking cognizance it would be difficult for the Court to weigh the materials so as to reach to the conclusion of there being a malicious prosecution of the accused. Such materials, in fact, if available on record can be taken into consideration only at the time of framing of charge. That being so, this application is misconceived and is 2 accordingly dismissed with a liberty to the petitioners to raise all these questions at the time of framing of charge. Abhay Kumar ( Mihir Kumar Jha, J.)