IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANIOUS NO.38121 OF 2008 AMRISH ADITYA @ BRAHMASHREE AMRISH ADITYA & ORS VERSUS STATE OF BIHAR ******** 3 03/08/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 31.10.2007 passed in Jehanabad Police Station Case No. 236 of 2007 by which the Judicial Magistrate, 1st Class, Jehanabad has taken cognizance for the offences alleged to have been committed under Sections 448, 380, 341, 323, 427, 504, 506/34 of the Indian Penal Code. Counsel for the petitioners submits that both the parties are agnates. There is a civil dispute with respect to the business transaction and exchange of money between them, which has led to the filing of this frivolous case. These aspects of the matter cannot be the basis of quashing of the order taking cognizance. This application is disposed of with liberty to the petitioners to raise these issues before the Court below at the appropriate stage of the case. Anand ( Sheema Ali Khan, J.)