IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34181 of 2008 1. Garati Rai. 2. Tripti Rai Both are sons of late Fakira Rai, Resident of Village Sirsee, PS Nanpur, District Sitamarhi --- Petitioners Versus The State Of Bihar --- Opposite Party ----------- 2 8.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by the order of cognizance dated 21.11.2007 passed in Complaint Case No. by which cognizance has been taken under Section 392 of the Indian Penal Code in Complaint Case No. 851(C) of 2007. Learned counsel for the petitioners submits that the complainant and the petitioners are resident of district Sitamarhi. They are neighbours and come from the same village. The petitioners have applied for settlement of a piece of land as they were landless persons. The State settled certain lands in favour of the petitioners which however, remained recorded in the name of State of Bihar. When the petitioners went to remove the anomaly, the brother of the complainant filed an objection. It is submitted that as a result of the aforesaid dispute a completely false and frivolous case has been filed at Patna alleging that the petitioners were involved in an offence under Section 392 of the Indian Penal Code. It is submitted that the petitioners had no occasion to be at Patna. These aspects of the matter cannot be considered at the stage of cognizance. The petitioners would be at liberty to raise these matters and bring documents on record to indicate the lands dispute in order to show that the case is frivolous, at the appropriate stage of the case. This application is accordingly, disposed of. Sanjay ( Sheema Ali Khan, J.)