IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25370 of 2009 1. Gufran Ahmad, son of late Serazuddin 2. Afzul Haque @ Sonu, son of Gufran Ahmad 3. Ziaul Haque @ Monu ,son of Gufran Ahmad 4. Mazharul Haque, son of Gufran Ahmad Petitioners Versus 1. The State of Bihar 2. Suraj Kumar Yadav, son of Motilal Singh Opp. Parties ----------- 2/- 08.11.2010 Heard learned counsel for the parties. The petitioners have sought quashing of the order dated 19.05.2009, passed by District & Sessions Judge, Jahanabad in Cr. Rev. No. 62 of 2008 by which he has affirmed the order of cognizance under section 435 IPC passed by Chief Judicial Magistrate, Arwal in Arwal P.S. Case No. 24 of 2007. The petitioners have sought quashing on the ground that in fact from unimpeachable document it is evident that the petitioners were in possession of the land in question, and therefore, no offence whatsoever under section 435 of the Indian Penal Code is made out. The counsel for the opposite party no.2 has appeared and is unable to defend the contention of the 2 petitioners. In view of such, the application is allowed and the entire proceeding of Arwal P.S. Case No. 24 of 2007 pending before the Chief Judicial Magistrate, Arwal is hereby set aside. Ashwini/- (Anjana Prakash, J.)