IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15012 of 1998 1. KAMAL KISHORE PRASAD SINHA 2. Chandra Kishor Prasad Sinha 3. Shyam Kishor Prasad Sinha @ Shyam Kishor Sinha 4. Gopinath Sinha all sons of late Murlidhar Sinha 5. Jadu Sao son of Saudagar Sao 6. Indradeo Sao @ Indradeo Prasad, son of Jadu Sao All residents of village Amritbigha, P.S. Daudnagar, District Aurangabad … Petitioners Versus 1. STATE OF BIHAR 2. Atal Bihari son of late Raja Ram Singh, resident of Ward No.2, Purani Shahar, Daudnagar, P.S. and District Aurangabad … Opp.parties. ----------- 6. 6.8.2009 Heard counsel for the petitioners and the counsel for the State. Despite service of notice on one appears on behalf of O.P.No.2. An allegation of theft on the basis of averment made in the complaint petition as also findings recorded by the Magistrate on the statement of witnesses of the complainant examined in course of enquiry u/s 202 Cr.P.C. holding the complainant to be a recorded tenant in the Khatiyan would definitely make out a prima facie case. The defence of the petitioners as being projected in this application could not have been examined by the court at the time of taking cognizance as such mini trial is impermissible at the time of taking 2 cognizance where the accused has no locus standi. That being so, this Court would not find any error in the order taking cognizance but then as the petitioners are sanguine about their being in possession in a rightful manner on account of some sale conducted by the court in execution of a decree, such plea if raised by the petitioners at the time of hearing before framing charge may be looked into by the court below before proceeding further in the trial. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/