IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36388 of 2007 1. AMARNATH PRASAD , S/o Ramphal Prasad 2. Niranjan Prasad @ Guddu, S/o Rajeshwar Prasad Both R/o of Bara Jairam P.S. Chiraiua, District – East Champaran, Motihari … Petitioners Versus 1. STATE OF BIHAR 2. Shankar Paswan,S/o Ram Sewak Paswan, R/o of Bara Jairam P.S. Chiraiua, District – East Champaran, Motihari … Opp. Parties ----------- For the petitioner : Mr. Binod Mishra, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. For O.P. : None 4 25.11.2008 Grievance of the petitioners is that although the complaint was filed for offences under section 392 I.P.C., the learned Magistrate by impugned order dated 31.1.2007 passed in Complaint Case No. C 497 of 2006 on consideration of the materials on record arising out of the inquiry under section 202 Cr.P.C. has taken cognizance under sections 382, 341 and 504 I.P.C.. This according to the learned counsel for the petitioners is not in accordance with law. It has also been submitted by the learned counsel for the petitioners that petitioner no. 1 had earlier to filing of the instant case filed Chiraiya P.S. Case No. 100 of 2006, under sections 341, 323, 379/34 I.P.C. against the complainant and others and the instant complaint has been filed by way of a counter blast. The submission of the learned counsel for the petitioners regarding his being earlier in time and the complaint being by way of a counter blast is a defence which cannot be looked into at this stage. He may, however, raise all these issues at the time of - 2 - framing of charge. With the aforesaid observation this application is disposed of. Spd/- (Abhijit Sinha, J.)