IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45327 of 2007 1. RATNESH KUMAR VERMA 2. SHANKAR MAHTO 3. BALESHWAR MAHTO 4. ATIBUL MIAN Versus 1. STATE OF BIHAR 2. SURESH KUMAR SRIVASTAVA ----------- 03. 19.03.2010 Heard counsel for the petitioners and counsel for the complainant/informant. The petitioners are aggrieved by the order dated 10.07.2007, passed by Shri Sampat Kumar, Judicial Magistrate 1st Class, Chapra in Tr. 2345/07 arising out of Parsa-Bheldi P.S.Case No.25/07, whereby on consideration of the materials on record including the charge-sheet, the learned Magistrate has taken cognizance of the offence under sections 147,148,323 and 379/34 IPC. Learned counsel for the petitioners submits that the present complaint/FIR was propelled by the evil designs of the complainant to initiate a criminal proceeding as earlier to this one Satya Narayan Manjhi had lodged a case against the present complainant under section 406 and allied sections of the Penal Code in which the petitioners herein had deposed before the police supporting the allegations. Learned counsel appearing on behalf of the complainant/informant submits that the petitioners had earlier filed an application seeking discharge in the court below which was - 2 - considered and rejected in the year 2008. Not satisfied with the said order, one of the accuseds/petitioners filed a criminal revision application which is pending. The order taking cognizance does record a finding that the materials on record reflect a prima facie case against the petitioner and, therefore, cognizance has been taken. This Court finds no infirmity in the order. The application is devoid of any merit. It is accordingly dismissed. hr ( Kishore K. Mandal )