IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55704 of 2006 SANJAY KUMAR SINHA & ORS Versus STATE OF BIHAR & ANR ----------- 3 21-08-2008 Heard Mr.Md. Nadim Seraj, learned counsel for the petitioners, as also Mr. Sudama Singh, learned counsel for Opp.Party No.2. Mr.Jharkhandi Upadhaya, learned A.P.P. for the State is also present. The petitioners through this application pray for the quashing of the order dated 4.1.2006 passed by the learned Sessions Judge, Rohtas at Sasaram in Cr.Revision No.278 of 2008, whereby while dismissing the revision he has upheld the order dated 6.9.2005 passed by Sri R.P. Triwari, Judicial Magistrate, First Class, Sasaram in Complaint Case No.97 of 2005, whereby he has taken cognizance of offences under Sections 147,323,341,504,448 and 380 I.P.C. The learned counsel for the petitioners has sought to submit the fact with reference to Annexure-2, which is the F.I.R. lodged earlier by Poonam Sinha that the learned Magistrate had not assigned any reason which led him to be satisfied that the offences as alleged had been made out from the evidence coming in course of enquiry under Section 202 Cr.P.C. Considering the submission advanced by the learned counsel for the petitioners , I am not impressed by the same because what Annexure-2 speaks is the defence of the petitioners which cannot be looked into at this stage and secondly, because prima facie - 2 - satisfaction of the Magistrate that the offences are made out is sufficient and this Court cannot substitute its own satisfaction in place of the satisfaction arrived at by the learned Magistrate on looking into the materials that have come before him in course of the enquiry under Section 202 Cr.P.C. I find no merit in this application which is dismissed. However, since the parties happen to be the agnates, it would be in their interest and the learned lawyers of both parties can impress upon their respective clients to enter into a compromise as the entire disputes and differences revolve round landed property. The petitioners will also be at liberty to raise all issues, as have been raised here, at the appropriate time before the appropriate forum. ( Abhijit Sinha, J) NKS/-