IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8639 of 2008 1. Shashi Bhushan Kumar Singh 2. Umesh Kumar Singh Both sons of Late Kamta Singh 3. Surya Nath Singh, son of Shiv Narayan Singh 4. Amir Chand Singh @ Amir Chand Kumar Son of Surya Nath Singh All resident of Village- Gundi, Police Station- Krishna Garh, District- Bhojpur --------------Petitioners Versus 1. State Of Bihar 2. Vidayanand @ Nanhe Kumar son of Ramanand Singh Residnet of Village- Gundi, Police Station- Krishngarh, District- Bhojpur -----------------Opposite Parties ----------- 02. 15.02.2010 No one appears for the petitioners. This application is directed against the order dated 03.01.2008 passed in Complaint Case No. 1587 C of 2006 Tr. No. 2365 of 2008. First Information Report was instituted by the complainant of the present case against the petitioners but after investigation it was found that the case was false and thereafter police started proceeding under Sections 182 and 211 of the Indian Penal Code against the informant/complainant. On the basis of complaint-cum-protest petition cognizance has been taken against the petitioner under Section 323, 379 and 504 of the Indian Penal Code. It appears prima facie that there is a dispute between the parties with respect to partition of land. Several proceedings were or are pending between the parties. The complainant has examined himself and has 2 supported the contention of the complaint petition. In the circumstances, this Court is not interfering the order of taking cognizance. However, petitioner may raise all issues raised before this Court in support of their contentions at the stage of framing of charges. The application is thus disposed off with the aforesaid observation. Shageer (Sheema Ali Khan, J)