IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.56561 OF 2007 1. NAVIN SINGH, SON OF RAM NANDAN SINGH 2. RAM PRAKASH SHARMA, SON OF RAM NANDAN SINGH 3. RAM BILASH SHARMA @ RAM BILASH SINGH, SON OF RAM NANDAN SINGH 4. RITESH KUMAR @ NITESH KUMAR, SON OF RAM BILASH SINGH ALL RESIDENT OF VILLAGE AND POST OFFICE RAMPUR, POLICE STATION SURYAGARHA, DISTRICT LAKHISARAI ………………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. JAIKANT SINGH, SON OF DEOKI NANDAN SINGH, RESIDENT OF VILLAGE AND POST OFFICE RAMPUR, POLICE STATION SURYAGARHA, DISTRICT LAKHISARAI …………………………………………………………………….OPPOSITE PARTIES ********** 2 02/04/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. Learned Counsel for the petitioners submits that there was a dispute with respect to the flow of drainage between the two parties. It is said that Police came on the spot and thereafter instituted a proceeding under Section 107 of the Code of Criminal Procedure. The complaint petition has been falsely filed and actually no offence is made out. The Additional Chief Judicial Magistrate, Lakhisarai has found the allegations prima facie true and has taken cognizance in Complaint case No. 52 C of 2007 by order dated 24.08.2007. The points raised by the petitioner may be raised at the appropriate stage of the case. I do not see 2 any reason to interfere with the order taking cognizance. Accordingly, this application is dismissed. Anand ( Sheema Ali Khan, J.)