IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46697 of 2007 1. SHEODUTTA SHARMA S/O LATE M.SHARMA 2. SHAILESH SHARMA S/O SHEODUTTA SHARMA 3. RAKESH KUMAR SHARMA SON OF SHEODUTTA SHARMA --- PETITIONERS.. Versus 1. STATE OF BIHAR 2. ARCHANA KUMARI W/O SHAILESH SHARMA --- OPP.PARTIES. ----------- 06. 27.08.2010 Petitioners are aggrieved by the order dated 26.03.2007 passed by the learned Sub Divisional Magistrate, Patna, Sadar in case no. 180(M) of 2007. It appears that on the basis of a police report submitted to the Court vide non F.I.R. no. 5 of 2007, learned Magistrate found that there is apprehension of breach of peace between both the parties and as such the parties have been called upon to appear and file their show cause(s). Learned counsel for the petitioners submits that there is already a criminal case pending between the parties under Section 498A of the Penal Code vide Patrakar Nagar P.S. case no. 619 of 2006. It is next contended that the allegation pertains to witnesses who reside outside the Patna and as such the Patna Court shall have no jurisdiction. Learned counsel appearing on behalf of opposite party no.2 submits that a bare perusal of the non F.I.R. would show that the complainant is residing at Patna and she made an allegation that the proposed witnesses in the case are being threatened by the accuseds of the criminal case who are second parties to the present proceeding. I have considered the submissions made on behalf of the parties. Learned Magistrate in the impugned order has recorded its satisfaction with regard to apprehension of breach of peace between the parties. It further appears that the complainant of the case is residing in Patna and the application was filed by her which was verified and whereafter the present report (non F.I.R. no. 5 of 2007) was submitted. Considering the fact that the parties have been directed to appear and file their show cause(s) wherein they can raise all issues, this Court is not inclined to interfere with the order impugned. The application is disposed of. Sym ( Kishore K. Mandal, J.)