IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38195 of 2009 1. ANANT SINGH 2. Basant Singh Both son of Late Kapildeo Singh 3. Subodh Singh alias Subodh Kumar Singh, son of Anant Singh 4. Sudhir Singh alias Sudhir Kumar Singh, son of Basant Singh 5. Radha Krishna Singh alias Butani Singh, son of Late Ram Briksh Singh 6. Kashi Nath Singh alias Kashi Nath Rai, son of Late Sunder Rai 7. Sunil Kumar Singh alias Sunil Rai, son of Kashi Nath Rai alias Kashi Nath Singh All are resident of village Hakimpur, PS Ithari, District Buxar (Bihar). ----- Petitioners Versus 1. THE STATE OF BIHAR 2. Kamla Rai alias Kamla Singh, son of Kedar Nath Singh, resident of village Hakimpur, PS Ithari, District Buxar (Bihar). ----- Opposite Parties ----------- 2 6.11.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The application has been filed for quashing of the order dated 16.3.2009 passed by the Judicial Magistrate, 1st Class, Buxar by which cognizance has been taken under Sections 147, 323, 342, 379, 504, 427 and 385 of the Indian Penal Code on the ground that the contents of the complain petition in fact are vague and really do not make out a case a case of theft of crop. It is submitted that in the complaint petition the complainant has not mentioned the plot no. and has also not stated as to why the petitioners are making a claim on the said land. In order to show that their bona fide, the complainant ought to have mentioned the plot no. or the Court should have at least questioned the complainant and asked him the cause of the dispute on plot on which the occurrence has taken place, especially in view of the fact that the complaint petition was filed after a delay of three months. It is expected that the Court will exercise its discretion 2 while examining witnesses before charge in order to avoid filing of frivolous and unnecessary complaints. This application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)