IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44723 of 2008 1. KRISHNANDAN KUMAR, S/O Late Nand Kishore Singh. 2. Amritesh Vishwas, S/O Shri Ajay Kumar Singh, Both residents of Village- Bhatona, P.S.- Karja, Distt.- Muzaffarpur. ………..Petitioners. Versus 1. STATE OF BIHAR. 2. Chandeshwar Prasad Singh, S/O Late Jagarnath Singh, R/O Village- Bhatona, P.S. Karja, Distt- Muzaffarpur. …….Opposite Parties. ----------- 2 25.01.2011 Heard learned counsels for the petitioners and for the State. The present application has been filed for quashing the order dated 17.06.2008 passed by the learned Judicial Magistrate, Ist Class, Muzaffarpur, in Complaint Case No. 36 of 2008, whereby the cognizance has been taken against the petitioners under Sections 403 and 420 of the Indian Penal Code. It is very fairly submitted by Mr. Manish Kumar, learned counsel for that petitioner that the witnesses are examined under Section 244 of the Cr.P.C. before charge. In that view of the matter, it will be appropriate for the petitioners to raise all his contentions before the learned Court below at the time of framing of charge. Apparently the dispute appears to be of civil nature, wherein it is alleged that some sale deed was executed by 2 the petitioners. Let the learned court below consider the contentions of the petitioner in the light of the Apex Court Judgment given in Indian Oil Corporation Vrs. NEPC India Ltd. & Ors. reported in 2006(6) SCC 736. With the aforesaid observations this application is disposed off. Bhardwaj/ ( Dinesh Kumar Singh, J.)