IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23345 of 2007 1. Shambhu Prasad Kesera, 2. Madan Prasad Kasera, 3. Subhash Prasad Kasera, all sons of Late Nand Kishore Kasera, 4. Shekhar Kumar, son of Subhash Pd Kasera, 5. Kundan Kumar Kasera, son of Madan Prasad Kasera, 6. Pankaj Kumar, son of Shambhu Pd. Kasera, 7. Amit Kumar, son of Subhash Pd. Kasera, 8. Chandan Kumar Kasera, son of Shambhu Pd. Kasera, all of Sugaul Bazar, PS Sugauli, Dist. East Champaran. 9. Amar Nath Pd. Kastkar, village Chhata Bazar, Gola Road, Muzaffarpur – petitioners. Vs. 1. The State of Bihar, 2. Dinesh Kumar, son of Late Pashupatinath, village Sugauli, Nawdih, PS Sugauli, Dist. East Champaran – opposite parties. 5 1.7.2009 This application has been filed for quashing the order, dated 24.11.2006 passed by the Judicial Magistrate, Ist Class, Sadar, Motihari in Complaint Case No. 1490 of 2006 which has been affirmed by order, dated 20.8.2007 in Cr. Revision No. 448 of 2006by 4th Addl. Sessions Judge, Motihari. The complaint case was lodged making allegations that the petitioners were responsible for kidnapping of brother of the complainant. Learned counsel for the petitioners submits that this case of kidnapping has been filed to over come the allegations made by the petitioners in Sugauli PS Case No. 86/2006 wherein it has been stated that the complainant in collusion with others was responsible for kidnapping the minor daughter of petitioner no.1. The petitioner has also filed an application in Enquiry Case No. 263/2006 stating all the relevant facts and prayed that the complaint petition ought to have been rejected. 2 In the facts of this case this court cannot interfere with the order of cognizance or the order passed by 4th Addl. Sessions Judge, Motihari. However, the petitioners would be at liberty to bring the facts regarding the case of kidnapping of minor girl of petitioner no.1 or any other material on record before the concerned court at the stage of framing of charge. I further direct that the court below ought to consider the documents produced by the petitioners as they are part of the court proceeding and pass orders accordingly. This application is dismissed with the aforesaid observations and directions. haque (Sheema Ali Khan, J.)