IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37832 of 2008 1) Ramashanker Singh, 2) Pawan Kumar Singh, sons of Late Nand Kishore Singh, village Atharni, PS Runisaidpur, Dist. Sitamarhi – Petitioners. Vs. The State of Bihar. 2 25.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 18.1.2007 passed in Runisaidpur PS Case No. 178/2006 by the C.J.M, Sitamarhi by which cognizance has taken against the petitioners for the offences under sections 343, 323, 386, 504/34 of the Penal Code, section 27 of the Arms Act and section 3(x) of the SC/ST (Prevention of Atrocities) Act. The petitioners had filed Complaint case No. 289/2005 against Mahendra Ram, the complainant of the present case and others. This case was instituted on 29.3.2005. As a back lash to the case filed by the petitioners, the present case has been instituted on 6.8.2006 in which it is alleged that the petitioner abused the informant by his caste name and demanded Rangdari of Rs. 500/-. Learned counsel for the petitioners points out that in the first part of the allegation it is said that Rangdari was demanded of Rs. 500/- and in the later part of the First Information Report it has been reduced to Rs. 5/- per month which indicates the falsity of the allegations as far as demand of Rangdari is concerned. This court prima facie finds that the discrepancy in the 2 First Information Report speaks a volume with respect to the conduct of the informant. This court also takes note of the fact that frivolous cases of such nature is not to be appreciated at all. Therefore, while considering the discharge petition, the court below would consider this aspect of the matter. At the present this court cannot quash the order impugned. This application is disposed of with the aforesaid observation. The petitioners would be at liberty to produce the evidence etc. in the present case at the relevant stage. haque ( Sheema Ali Khan, J.)