IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30832 of 2009 Bhola Ram & Anr Versus State Of Bihar -------------------- 2. 8.12.2011. Heard Mr. Udit Narain Singh, learned counsel appearing on behalf of the petitioners and Mr. Hriday Prasad Singh, learned A.P.P. for the State. The petitioner is aggrieved by the order dated 1.8.2009 passed by Shri Rakesh Mishra, Judicial Magistrate, Chapra in Trial No.2180 of 2009 arising from Complaint Case No.2407 of 2008, whereby the learned Judicial Magistrate has been pleased to take cognizance of the offence punishable under sections 323, 427 and 379/34 of the Indian Penal against the petitioners. Learned counsel for the petitioners, with reference to the allegation made in the complaint petition, submits that a plain reading thereof shows that no offence is made out as against the petitioners. It is further the case of the petitioners that complaint case in question is manifestation of the malicious intention of the complainant. It is contended that the complainant himself in para-4 of the 2 complaint petition has said that a litigation in between the parties, is already pending before the Sub Judge-6, Chapra. Regard being had to the allegation as set out in the complaint petition, the present application is disposed of with a liberty to the petitioners to raise all the issues as raised in the present application at the stage of framing of charge, if not already framed. ahk (Jyoti Saran, J.)