IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.47847 OF 2008 MANOJ KUMAR SAH (MUKHIYA), SON OF KRISHNALAL SAH, RESIDENT OF VILLAGE SIURA, POLICE STATION PATORI, DISTRICT SAMASTIPUR VERSUS 1. THE STATE OF BIHAR 2. SANJAY SHARMA, SON OF LATE SURYA NARAYAN SHARMA, RESIDENT OF VILLAGE BASUDEOPUR, POLICE STATION MANGAL BAZAR, DISTRICT MUNGER. AT PRESENT POSTED AS ANCHALADHIKARI, PATORI BLOCK, DISTRICT SAMASTIPUR *********** FOR THE PETITIONER :- MR. RANJAN KUMAR, ADVOCATE FOR THE S T A T E :- MR. A. M. P. MEHTA, A.P.P. ******** 2 05/08/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 12.05.2008 passed in Patori Police Station Case No. 158 of 2007 (Trial No. 2970 of 2008) by which the Judicial Magistrate, 1st Class, has taken cognizance for the offences alleged to have been committed under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner had filed a case against Sanjay Sharma, which is Complaint Case No. 1312 of 2007. In retaliation, the present case has been filed on 08.10.2007 alleging that there is illegality in the distribution of the food grains to the flood affected persons. Both persons are and were Mukhiyas and are close contenders. It is submitted that the present case 2 is vexatious and untrue. These aspects of the matter may be raised by the petitioner at the appropriate stage of the case. This application is disposed of with the aforesaid observation. Anand ( Sheema Ali Khan, J.)