IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40458 OF 2008 1. RAM PRAVESH YADAV, SON OF LATE RAGHUNATH YADAV 2. RAS BIHARI YADAV, SON OF RAM PRAVESH YADAV 3. LAL BIHARI YADAV, SON OF RAM PRAVESH YADAV 4. DHANAN YADAV, SON OF LATE RAM CHANDRA YADAV 5. BUTAN YADAV @ MUTAN YADAV, SON OF LATE KAILASH YADAV 6. DHURI YADAV, SON OF KAILASH YADAV ALL ARE RESIDENT OF VILLAGE GAIGHAT, POLICE STATION BRAHAMPUR, DISTRICT BUXAR …………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ********* 2 26/07/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 07.03.2008 passed in Brahampur Police Station Case No. 147 of 2007 (G.R. No. 1097 of 2007/Trial No. 748 of 2008) by which the Chief Judicial Magistrate, Buxar has taken cognizance for the offences alleged to have been committed under Sections 302, 201 and 120B of the Indian Penal Code. Learned Counsel for the petitioners submits that there is no specific allegation that the petitioners were responsible for asking the deceased to accompany them. It is submitted that the petitioners have been implicated in this case although there is no eye- witnesses and insufficient circumstantial evidence, on the ground that there is a land dispute pending between 2 the informant and these petitioners. These aspects of the matter could only be considered at the appropriate stage of the case. The aforesaid ground cannot be available to the petitioners for quashing of the criminal proceedings pending against them. This application is accordingly dismissed. Anand (Sheema Ali Khan, J.)