IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8091 of 2008 1. Jagdish Gond, 2. Ramashish Gond, both sons of Gopal Gond, 3. Harendra Singh, son of Late Chandrama Singh, 4. Roshan Kumar Gond, son of Jagdish Gond, 5. Vinod Manjhi, son of Rajai Manjhi, all of village Chitmath, PS Mairwa, Dist. Siwan. 6. Dinesh Kumar Gond, son of Late Mohan Gond, village Tiyain, PS Andar, District Siwan – petitioners. Vs. 1. The State of Bihar, 2. Sursati Devi @ Surswati Devi, wife of Raghunath Chouhan, village Chitmath, PS Mairwa, district Siwan – opp. parties. 2 25.1.2010 Heard the parties. This application has been filed for quashing the order, dated 9.2.2007 passed by the Judicial Magistrate, Siwan in Complaint Case No. 654/2006 by which cognizance has been taken against the petitioners for the offences under sections 147, 148, 323, 341, 342 and 347 of the Penal Code. Counsel for the petitioners submits that petitioner no. 1 is a driver in the Bihar police and petitioner no.2 is working in the Indian Oil Corporation at Barauni. Petitioner no.3 has passed matriculation examination recently and petitioner no.6 is brother-in- law of petitioner no.2. Petitioner no.4 is son of petitioner no.1 and petitioners 3 and 5 are family friends of petitioners 1 and 2. It is submitted that on investigation the case was found to be false and cognizance has been taken on the basis of the protest- cum-complaint petition. Even according to the complainant there is enmity between the parties and as such it is alleged that her husband was kidnapped by the petitioners and was later released on the police pressure. 2 There is no doubt about the fact that cognizance can be taken on the basis of protest-cum-complaint petition if the court prima facie finds that the complaint is supported by further evidence. In the circumstances this court is not inclined to consider the defence put forward on behalf of the petitioners at this stage. This application is dismissed. haque (Sheema Ali Khan, J.)