IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56190 of 2007 1. NANHAK MANJHI, SON OF LATE CHEDI MANJHI, RESIDENT OF VILLAGE BUD LAL, P.S. AMAS, DISTRICT GAYA. 2. TRIVENI PRASAD, SON OF SRI RAJENDRA PRASAD 3. DILIP KUMAR @ DILIP PRASAD, SON OF RAJENDRA PRASAD BOTH 2 AND 3 ARE RESIDENT OF VILLAGE NIMA, P.S. AMAS, DISTRICT GAYA. ---- PETITONERS Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 3 31.3.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners have been made accused in a case under Sections 420/120(B) of the Indian Penal Code and 7 of the Essential Commodities Act. Learned counsel for the petitioners submits that the prosecution is malafide on the ground that the petitioner no. 1 had filed a case against the Block Development Officer, Amas on 27.7.2006 whereas the wife of petitioner no. 2 had filed a complaint case against the Block Development Officer, Amas on 26.9.2005. It is submitted that the present case making allegations under Section 420 etc. have been filed due to the aforesaid cases and it is malicious in nature. All these aspects will be examined at the appropriate stage in this case. As far as the order of cognizance is concerned, I do not find any illegality with the order dated 11.7.2007. This application is dismissed. Sanjay (Sheema Ali Khan, J.)