IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49052 of 2008 1. Kanhaiya Kant Thakur, 2. Ashok Thakur, both sons of Late Hari Mohan Thakur, 3. Nawal Jee Thakur, 4. Kamal Jee Thakur, both sons of Sri Kanhaiya Kant Thakur, 5. Lalita Devi, wife of Sri Kanhaiya Kant Thakur, 6. Govinda Devi, wife of Sri Ashok Thakur, 7. Navarita Devi, wife of Sri Nawal Jee Thakur, 8. Palan Thakur, 9. Sudarshan Thakur, both sons of Sri Ashok Thakur, all of village Majhaura, PS Bahera, district Darbhanga – petitioners. Vs. 1. The State of Bihar, 2. Ram Kishor Thakur, son of Late Hari Mohan Thakur, village Majhaura, PS Bahera, district Darbhanga – opp. parties. 2 5.1.2010 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 8.11.2008 passed in C.R. No. 154/2008 by Judicial Magistrate, Ist Class, Benipur, Darbhanga by which cognizance has been taken against the petitioners. Learned counsel for the petitioners submits that opposite party no.2 who is the elder brother of petitioners 1 and 2 had earlier filed a complaint case on 9.5.2008. The case was found to be false and final form was submitted. Again on 13.5.2008 an F.I.R. was instituted alleging that the petitioners had assaulted opposite party no.2. It is said that cases are being lodged because both the parties have differences with respect to the partition of land. Learned counsel further submits that Palan Thakur and Sudarshan Thakur are minor boys and they too have been made accused in this case. In the circumstances, the order taking cognizance, dated 8.11.2008 is stayed and the court below will consider whether case is 2 made out for taking cognizance against the petitioners and others after hearing the parties with special emphasis on the facts that the two accused persons claim to be minor. This application is disposed of with the aforesaid observations. Counsel for the petitioners is directed to deposit the cost of Fax for communicating this order to the court concerned. haque (Sheema Ali Khan, J.)