IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12998 of 2007 1. Pato Devi, wife of Late Ram Prasad Ram, 2. Hari Prasad @ Shri Bihari Prasad, son of Late Ram Prasad Ram, 3. Brij Bihari Prasad, son of Late Ram Prasad Ram, all of village and post Kesath, PS Nawanagar, District Buxar – petitioners. Vs. 1. The State of Bihar, 2. Bali Raj Prasad Pandit, son of Late Ram Prasad Ram, village Kesath, PS Nawanagar, District Buxar – opposite parties. 4 25.3.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 22.3.2006 passed by the Chief Judicial Magistrate, Buxar in G.R 1526/2005 / 1677/2006 by which cognizance has been taken for the offences under sections 406, 420/34 of the Penal Code. Petitioner no.1 is the legally wedded wife of Late Ram Prasad Ram and petitioners 2 and 3 are their sons whereas opposite party no.2 is the step son of petitioner no.1. A complaint petition was filed alleging that petitioner no.1 has withdrawn the amount of pension and gratuity of her late husband Ram Prasad Ram which amounts to an offence under sections 406 and 420 of the Penal Code. Counsel for the petitioners submits that the fact as to who should receive the pension and gratuity amount of Late Ram Prasad Ram is a question that can be settled in a civil dispute. However, it is accepted and admitted fact that petitioner no.2 has been appointed on compassionate ground in place of his father. The step son has not been given any benefit for which he would otherwise be entitled to and as such he has filed the present case. Counsel for opposite party no.2 informs this court that 2 charges have been framed and evidence has already commenced in this case. In the circumstances I do not think it proper to interfere with the order taking cognizance. This application is dismissed. haque (Sheema Ali Khan, J.)