IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10405 of 2008 UMESH YADAV, S/O LATE RAMWARAN RAI, R/O VILLAGE USRI, POST SIKARPUR, P.S. SHAHPUR, DISTRICT PATNA .. PETITIONER Versus THE STATE OF BIHAR .. OPPOSITE PARTY **** /2/ 19.05.2010 Heard the counsel for the parties. 2. This application is directed against the order taking cognizance, dated 22.08.2007, for offence under Sections 427, 448, 323, 341 and 380 of the Penal Code. 3. The learned counsel for the petitioner submits that as per the allegation made in the complaint the offence is made out. However, his contention is that the complainant and his wife is in habit of filling complaint cases against the villagers and compromising the case in their terms and, hence, contends that it is malicious. However, nothing has been pointed out that why the complainant has filed a case against this petitioner and what is the malice, but, the only fact that he is in the habit of filing complaint petition against the villager and he has annexed three Annexures in which the complainant or his - 2 - wife is the complainant. 4. However, at the time of taking cognizance the Court is only required to see the prima facie case and there is no material to suggest that the said case has been instituted maliciously to wreck vengeance and the ground taken that he is in the habit of filing complaint cases against the villagers may not be a ground for quashing the order of setting aside the order. 5. Hence, I do not find any merit in this application. This application is rejected. S.A. (Gopal Prasad, J. )