IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56930 of 2007 1. Arun Kumar, son of Sri Krishnadeo Singh, 2. Smt. Asha Singh, wife of Arun Singh, Mohalla Shahid Bhagat Singh Colony, Mustafabad, at present 142-A, Anugrah Puri Colony, (New Delhi Public School), PS Rampur, District Gaya – petitioners. Vs. 1. The State of Bihar, 2. Vijay Singh, son of Late Ramdahin Singh, resident of 142(A), Anugrah Puri Colony, PS Rampur, Dist. Gaya, at present resident of Vasant Vihar Singh, Jhirjhirya Pool, College Road, Koerra, PS Mufassil, District Hazaribagh – opp. parties. 3 9.4.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 6.8.2007 passed by the Chief Judicial Magistrate, Gaya in Rampur PS Case No. 32/2007. T.S. No. 19/2007 is pending between the parties for a decree of permanent injunction restraining the defendants or from evicting or dispossessing from the suit premises. This suit has been filed by the accused persons in this case. The allegation in the FIR are that the accused persons finding that the building was empty entered into the building and began to run a school. The case of the petitioners is that the property in question was rented out to the petitioners by opposite party no.2 and after the petitioners had renovated the place and improved the entire look of the building, this case has been filed in order to pressurize the petitioners to pay a higher rent. The investigation has already commenced in this matter and on the basis of the investigation cognizance has been taken for the offences under sections 448, 384, 380, 504 and 120B of the Penal 2 Code. The opposite party do not recognize the petitioners as tenant and has submitted that they are encroachers. These aspects of the matter will need to be proved in a full-fledged trial or at any other appropriate stage. As far as the order taking cognizance is concerned, I do not find any illegality in it as the court has to see whether prima facie case is made out against the petitioners or not. This application is dismissed. haque (Sheema Ali Khan, J.)