IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35662 of 2008 Sk.Subhan S/o Sk. Jabbar, resident of Jiagachhi, P.S. Sadar, District- Purnia. .. Petitioner. Versus 1. The State Of Bihar. 2. Sk. Kalam S/o late Sk Suleman, resident of Jiagachhi, P.S. Sadar, District- Purnia. .. Opposite parties ----------- 2. 14.07.2011. Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is aggrieved by the order taking cognizance of the offence under Section 147, 323, 380, and 354 of the Indian Penal Code. Learned counsel for the petitioner submits that there is already a Title Suit pending between the parties with respect to the execution of a sale deed. It is further submitted that present case filed is malicious as the entire family members have been made accused in this case. The allegation therein is frivolous and concocted and has been directed in such a manner, so as to harass the petitioner. It appears from the pleading in the complaint petition, that it is accepted that there was a dispute with respect to the property, and as such the allegation that the petitioners had assaulted the complainant and had stolen away some money appears to the motivated. Considering the entire facts in this case, this court observes that the Court below while taking evidence before charge should consider the aforesaid submissions made on behalf of the petitioner and take a pro-active role in questioning 2 the complainant and his witness regarding the probability of the offence. This application is disposed off with the aforesaid observation. Md. Ibrarul (Sheema Ali Khan ,J.)