IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.26797 of 2008 1. ABDUL MAJID s/o Late Abdul Rahman, 2. Rasid @ Abdul Rasid S/o Abdul Majid & 3. Fazlu Haque S/o Abdul Quddus, all resident of Bangarwa, P.S.-Pranpur, District- Katihar …Petitioners Versus 1. THE STATE OF BIHAR & 2. Md. Sabir S/o Akbar Ali, all resident of Labha, P.S.-Pranpur, District- Katihar …Opposite Parties ----------- 2/ 16.05.2011 Heard the parties. The petitioners have sought quashing of the order dated 09.06.2008 passed by the Judicial Magistrate, 1st class, Katihar, in Complaint Case No.2200 of 2005, by which it has taken cognizance under section 379 Indian Penal Code. The petitioners have sought quashing on the ground that two witnesses named in the complaint have filed affidavits in the court below that they were witness to the occurrence. Since these are the disputed questions which can only be appreciated at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed. JA/- (Anjana Prakash,J.)