IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.52026 of 2007 1. ARJUN BISWAKARMA 2. Niranjan Biswakarma, both sons of Late Ram Sagar Biswakarma 3. Ranjeet Kumar @ Ranjeet Biswakarma 4. Nand Kumar @ Nand Kumar Biswakarma, both sons of Arjun Biswakarma, All residents of village- Karai Parsurai, P.S. Karai Parsurai, District- Nalanda ...Petitioners Versus 1. THE STATE OF BIHAR & 2. Suresh Mahto, son of Late Parmeshwar Mahto, resident of village- Karai Parsurai, P.S. Karai Parsurai, District- Nalanda … Opposite Parties ----------- 4/ 19.03.2010 Heard. The petitioners have filed this application for quashing the entire proceeding including the order dated 11.4.2007 by which Shri R. N. Ram, Judicial Magistrate, 1st Class, Hilsa, Nalanda, has taken cognizance for the offence under sections 147, 323, 379 of the Indian Penal Code in Complaint Case no. 665© of 2006. The case of the opposite party no.2 is that the opposite party no.2 had planted paddy crops but the same was looted away by the accused persons and was also threatened by the accused persons. Subsequent to the filing of the complaint petition, four witnesses were examined under section 202 of the Code of Criminal Procedure, who stated that the land had been purchased in the year 1963, and the complainant was in peaceful possession and the accused persons had, in fact, disturbed their possession and looted away the paddy crops. No doubt, there is dispute with regard to the possession of land and there is counter claim of the accused persons that the land belongs to them since there was a registered sale deed by the father of - 2 - the complainant in favour of the family of the accused persons. The High Court while exercising its power under section 482 of the Code of Criminal Procedure is not to stifle the legitimate prosecution and has to exercise great caution in setting aside the order of cognizance at the threshold. However, the High Court is expected to do real and substantial justice for the administration of which the court exists. In the present case, I find that it is difficult to determine in its criminal jurisdiction about the bonafide of the parties and, therefore, I am of the view that the present complaint is a pure abuse of the process of the court and the order of cognizance is fit to be set aside. Accordingly, the order dated 11.4.2007 passed by Shri R. N. Ram, Judicial Magistrate, 1st Class, Hilsa, Nalanda, in Complaint Case no.665 © of 2006, taking cognizance under sections 147, 323 and 379 of the Indian Penal Code in so far as the petitioners are concerned is hereby quashed. In the result, the application stands allowed. JA/- (Anjana Prakash, J.)