IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20170 of 2008 1. KAMESHWAR PRASAD son of Mahesh Prasad 2. Vinay Prasad son of Mahesh Prasad. 3. Mahesh Prasad, son of Late Pritam Bhagat. 4. Ajay Prasad, son of Dhanesh Prasad. 5. Bishwanath Bhagat, son of Rama Bhagat, all resident of village Chintamanpur, P.S- Maheshi,Dist- East Champaran ---------Petitioner Versus 1. STATE OF BIHAR 2. Sanjay Kumar Singh, son of Bayas Prasad, resident of village- Chintamanpur, P.S- Mahesi, Dist- East Champaran, At present residing at Bara Chakiya, P.S_ Chakiya, Dist – East Champaran. ------------- Opposite Parties 2. 28.04.2011 Heard learned counsel for the petitioners and the State. The grievance of the petitioner is for quashing the order dated 19th of April 2008, passed by the Additional Sessions Judge F.T.C No. 4 in Criminal Revision No. 491 of 2007 whereby the order dated 11.10.2007 taking and cognizance of the alleged offence under Sections 379, 323 447 and 504 of the Indian Penal Code against the petitioner in Complaint Case No. C- 973/ 2007, has been affirmed. It is submitted on the behalf of the petitioner that the matter is purely civil dispute and as such no criminal proceeding is justified in law. Learned counsel for the State opposes the submission of the petitioners. Considering the rival submissions of the parties and on perusal of the impugned order I do not find any error in law in the order taking cognizance as such this Court is not inclined to interfere - 2 - in the matter. However, it will be open to the petitioner to raise all his rights and contentions available under the law at the appropriate stage in the Court below, if the aforesaid case is still pending. Accordingly, the application stands disposed of. Namita ( Shailesh Kumar Sinha, J.)