IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40402 of 2009 1. Bikrama Sah, son of Sri Dukhi Shah, village Majharia Kiushun, Bhaya Jagdishpur, PS Nautan Jagdishpur, Dist. West Champaran. 2. Ambika Sah Teli, son of Late Shankar Sah, village Jhakhra, PS Nautan, District West Champaran, Bettiah – petitioners. Vs. 1. The state of Bihar, 2. Krishna Mohan Prasad, son of Late Mahavir Prasad, village Majharia Kishun, Bhaya Jagdishpur, PS Nautan Jagdishpur, Dist. West Champaran – opp. parties. 2 16.2.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 18.11.2008 passed by the Chief Judicial Magistrate, Bettiah in Nautan PS Case No. 56/2008 by which cognizance for the offences under sections 457 and 380 of the Penal Code has been taken. Learned counsel for the petitioners submits that both the parties are neighbours and there are dispute pending between them and as such false cases have been filed. It is also submitted that the petitioners had earlier filed a complaint against the informant of the present case and it is only out of malice that this case has been filed. All these facts cannot be taken into account at this stage of the case. The petitioners may raise these points at appropriate stage. I, thus, find no illegality in the impugned order. This application is dismissed. haque (Sheema Ali Khan, J.)