IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21173 of 2007 1. Subodh Kumar Sharma. 2. Ashok Kumar Sharma, Both sons of Ram Sugarath Sharma. 3. Ram Sugarath Sharma. 4. Ram Sagar Sharma, Both sons of Dwarik Sharma. All are residents of village Lakhanipur Maudah, Police Station Patepur, District Vaishali. 5. Ram Deni Sharma, Son of Late Dashai Sharma, Resident of Village Mahisaur, Police Station Jandaha, District Vaishali. --------- Petitioners Versus 1 The State of Bihar. 2 Ram Naresh Sharma, S/o Sri Bankey Lal Sharma, R/o Village Ganipur, P.S. Kaji Mohammadpur, Dist. Muzaffarpur. Permanent Village + P.O. Khajewandchapra, P.S. Goraul, District Vaishali. -------- Opposite Parties ----------- 5 29.1.2010 Heard learned counsel for the petitioners and counsel for the State. The order taking cognizance dated 14.12.2005 has been assailed by the petitioners on the ground that the allegation made in the complaint petition seems to be a counter blast of the earlier case filed by the petitioners. In the opinion of this Court, such defence of the petitioners cannot be at least made a ground for quashing the order taking cognizance which has to be only viewed in the light of the allegation made in the complaint petition and/or the materials collected in course of enquiry under Section 202 of the Code of Criminal Procedure. 2 That being so, this Court would find no merit in this application when there are direct allegations against the petitioners in the complaint petition. The application is accordingly dismissed. At this stage, learned counsel for the petitioners seeks liberty to raise all these questions at the time of framing of charge. Such liberty is accorded. Rsh (Mihir Kumar Jha, J.)