IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56716 of 2007 1. LAL CHAND DROLIA, SON OF JAU RAM DEVI PRASAD 2. AJAY KUMAR DROLIA 3. JAGDISH PRASAD DROLIA 4. MAHESH DROLIA, ALL SONS OF LAL CHAND DROLIA 5. DILIP KEDIA, SON OF RAJ KUMAR KEDIA ALL RESIDENTS OF VILLAGE BAUNSI (KASBA MANDER & DALIA), P.S. BAUNSI, DISTRICT BANKA. ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. UMA SHANKAR SAH, SON OF CHAMAN SAH, RESIDENT OF VILLAGE DALIA, P.S. BAUNSI, DISTRICT BANKA. ---- OPPOSITE PARTIES ----------- 2 5.4.2010 Heard the parties. Learned counsel for the petitioners has challenged the order of cognizance however, he informs the Court that charges have already been framed in this case. The informant is the purchaser from Shanti Devi, the second son of the second wife of Lal Chand Drolia. A Title (Partition) Suit No. 47 of 1997 was filed in the Court of the Subordinate Judge – I, Banka. Counsel for the petitioners submits that the complainant states in the petition that he purchased the land from Shanti Devi in the year 2005. The purchaser ought to have known that he was purchasing a property which was still under litigation. The Court will examine whether it was bonafide action on the part of the purchaser to raise a boundary wall over the disputed plot of land during the hearing of this case. At this stage, this Court is not going to interfere with the order of cognizance dated 8.1.2007, passed by the 2 Judicial Magistrate, Banka in G.R. Case No. 1368 of 2005 arising out of Bounsi P.S. Case No. 127 of 2005 and the same is upheld. This application is dismissed. Sanjay (Sheema Ali Khan, J.)