IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26131 of 1999 1. SARYU YADAV S/O SRI MUTUR YADAV 2. RAMADHAR YADAV 3. AJAY YADAV SONS OF RAKSHA YADAV 4. MUTUR YADAV SON OF LATE CHALOTAR YADAV ALL RESIDENTS OF TILAUTA BIGHA, P.S. DEV IN THE DIST OF AURANGABAD………PETITIONERS Versus 1. STATE OF BIHAR 2. BINDESHWAR YADAV S/O AMBIKA YADAV, R/O VILLAGE, TILAUTA BIGHA, P.S. DEV IN THE DIST OF AURANGABAD………………………….…OPP PARTIES. ----------- For petitioners:- Sri Deepak Kumar, Advocate For State:- Sri Amrendra Prasad, APP ---------- 5. 06-05-2010 Heard learned counsel for the petitioners and learned counsel for the State. 2. Petitioners have preferred this quashing application under Section 482 of the Cr.P.C. for quashing of cognizance order dated 17.8.1999 passed by Judicial Magistrate, 1st Class, Aurangabad in complaint case no. 785 of 1998 leading to Tr. No. 627 of 1998 for offences under Section 323, 341 and 379 of the IPC mainly on the ground that the present case was lodged one day after petitioner no.1, Saryu Yadav had lodged Dev P.S. Case No. 59/1998 dated 20th September, 1998 for offence under Sections 143, 323, 341 and 379 of the IPC. 3. It has been submitted on behalf of the petitioners that the allegations made in the present complaint petition are fit to be disbelieved because they appear to be only to counter the earlier case lodged by petitioner no.1. On the other hand, learned counsel for the State has submitted that at this stage it would not be proper to disbelieve the allegation in the complaint petition only because the - 2 - other side has also preferred a case one day earlier. 4. Considering all the facts and circumstances and the submissions, this Court is of the considered opinion that defence of the petitioners cannot be considered at the present stage and the allegations in the complaint petition cannot be disbelieved so as to interfere with the order of cognizance. Hence, this application is dismissed. 5. The observations made in this order shall not prejudice the defence of the petitioners and they would be at liberty to raise their defence at appropriate stage. perwez (Shiva Kirti Singh,J.)