IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40188 of 2010 1. Prakash Kumar Chand, son of Late Pratap Narayan Chand 2. Raj Vardhan @ Raj, son of Sri Prakash Kumar Chand. Both resident of Shekhpura House, Mohallah-Beldari Tola, Bind Toli, P.S. Shastri Nagar, District-Patna ---Petitioner Versus 1. STATE OF BIHAR . 2. Sohrai Ram, son of Late Raja Ram, Proprietor of Jai Shree Enterprises, residing at Shekhpura House, Beldari Tola (Bind Toli), Shekhpura, Shastri Nagar, District Patna. ---Opp. Parties ----------- 2. 20.5.2011 Heard learned counsel for the petitioners and the State. The petitioners challenge the order dated 15th of March, 2010 passed in Complaint Case No.2406(C)/2009 taking cognizance of the offence under section 3(v)(x)(xv) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act as also under sections 323, 504, 341 and 379 of the Penal Code. It is submitted on behalf of the petitioners that the filing of the complaint case in question is virtually in retaliation of the civil suit in question between the parties and as such, the complainant having no case in the civil suit has filed the present complaint case for ulterior purposes. Learned counsel appearing for the State opposes the prayer. Considering the rival submissions of the parties and on perusal of the averments made in the petition as also the impugned order, it appears that the cognizance of the offence has been taken - 2 - on the materials brought on the record i.e. by way of evidence of the complainant witnesses, after examination of the complainant on oath and upon considering the evidence of the witnesses and the complainant, who supported the case in the complaint and accordingly cognizance has been taken by the impugned order. The order has been passed after considering all the materials and as such, I do not find any error in the impugned order. The application is, accordingly, dismissed. However, it goes without saying that it will be open for the petitioners to raise all the rights and contentions available to them in law in the court below at the appropriate stage. PNM (Shailesh Kumar Sinha, J.)