IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47679 of 2007 1. Raghubanshi Jha 2. Bashishta Narain Jha 3. Bhavesh Jha @ Bhavesh Kr. Jha, all sons of Late Krishna Chandra Jha 4. Raj Kumar Jha son of Late Uma Kant Jha 5. Kanhaiya Jha 6. Bhulla Jha 7. Murari Jha, both sons of Sri Raghubanshi Jha 8. Santosh Jha @ Santosh Kumar Jha 9. Sanjeet Jha both sons of Sri Bashishtha Narain Jha Versus 1. STATE OF BIHAR 2. Binod Kha son of Late Anirudh Jha ----------- 4 12/2/2009 Learned counsel for the petitioners from the order of cognizance dated 30.7.2007 submits that the court on consideration of the facts and materials recorded a finding that the dispute was one essentially civil in nature with regard to land and yet proceeded to take cognizance under the Penal Code. No one appears on behalf of opposite party no. 2 despite service of notice. In view of the conclusions of the learned Magistrate himself nothing further is required for this Court to discuss. The order of cognizance dated 30.7.2007 and the entire criminal proceedings in Complaint Case no. 183 of 1999 /T.R. No. 326 of 2007 pending before the court of Sri S. K. Sinha, J.M. 1st Class, Madhubani are hereby quashed. This application stands allowed. (Navin Sinha, J.) AMIN