IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20438 of 2007 1. KRISHNA SAO Son of Pokhan Sao 2. Radhika Devi, wife of Krishna Sao 3. Ajit Kumar, 4. Krishna Kant, both sons of Krishna Sao 5. Sangeeta Kumari, Daughter of Krishna Sao All, are resident of Mohalla- Naya Tola, Sharistabad, Police Station- Gardani Bagh, District- Patna. . . . . Petitioners. Versus THE STATE OF BIHAR & ANR ----------- 9/ 15.04.2010 Heard learned counsel for the petitioners and the State. The petitioners have prayed for setting aside the order dated 21.02.2006 passed by learned Chief Judicial Magistrate, Patna in G.R. No. 5043 of 2003 arising out of Gardanibagh P.S. case no. 832 of 2003, whereby cognizance has been taken for the offence under Section 341, 323, 427, 380, 320 and 511/34 of the Indian Penal Code. The petitioners submit that no offence under Indian Penal Code would be made out, as dispute relates to claim over some property. He submits that dispute if any, would be of a civil nature. On perusal of the materials on record, this Court finds that a prima facie offence under Sections 341, 323, 427, 320 and 511/34 of the Indian Penal Code is made out. However, there is no sufficient material to proceed under Section 380 of the Indian Penal Code. Thus, cognizance under Section 380 of the Indian Penal - 2 - Code is set aside. With the aforesaid modification in order taking cognizance, this application stands disposed of. Uday/ (Samarendra Pratap Singh, J.)