IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.6677 OF 1999 1. JANGO DEVI, WIFE OF PRAMOD SINGH 2. JITAN DEVI, WIFE OF ASHISH SINGH 3. INDU SINGH, WIFE OF SALIGRAM SINGH 4. RANJAN DEVI, WIFE OF PRAMOD SINGH 5. SHOSHAN SINGH, SON OF RAM ASHISH SINGH 6. PRAMOD SINGH, SON OF LATE SHITAL SINGH 7. DAYA SHANKAR SINGH, SON OF RAM ASHISH SINGH ALL RESIDENT OF VILLAGE KASABEY, POLICE STATION BARAUNI, DISTRICT BEGUSARAI ………………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. JITAN DEVI @ BACHI DEVI, WIFE OF RAM BIWAS SINGH, RESIDENT OF VILLAGE KASABEY, POLICE STATION BARAUNI, DISTRICT BEGUSARAI …………………………………………………………………….OPPOSITE PARTIES ******** FOR THE PETITIONERS :- MR. MRIGENDRA KUMAR ADVOCATE FOR THE S T A T E :- MR. JHARKHANDI UPADHAYAY, A.P.P. ********** 4 22/04/2011 Heard Counsel for the petitioners and the A.P.P. representing the State. The allegation against the petitioners is that they entered in to the house of the informant and took away some money and two steel thalis and small pots. Learned Counsel for the petitioners submits that it is a petty offence and the case has been instituted out of enmity. In the circumstances, this Court finds that it is a very old matter i.e. of the year 1999 and, therefore, should be taken up on priority basis. However, this Court cannot quash the order taking cognizance as prima facie the offence as alleged is made out in the complaint 2 petition. The facts have to be tested at the time of framing of charge. The Office is directed to communicate this order to the Judicial Magistrate, 1st Class, Begusarai in connection with Complaint Case No. 476C of 1998 who will bring it to the notice of the District Judge, Begusarai so that the Complaint Case No. 476C of 1998 can be taken up on a priority basis. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)