IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4098 of 2007 1. MAZHAR HUSSAIN S/o Akhtar Hussain 2. Mohani S/o Sayed Nasiruddin Ahmad 3. Surwanand @ Survi Paswan S/o Late Mundan Paswan All are residents of Mohalla:- Ishapur, PS Phulwari Shariff, Distt Patna ...petitioners Versus 1. STATE OF BIHAR 2. Abdul Ahad @ Ahdu, S/o Late Abdul Hafiz, R/o village Ishapur, PS Phulwarishariff, Distt. Patna Opp. Party ----------- 11 05-02-2010 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the complainant. From the submissions advanced before me, it appears that at the stage of examining the correctness of the cognizance order at the instance of the petitioners, a long order was passed by this court on 17-09-2001 whereby Cr. Misc. no. 193/1997 was dismissed but it was observed that the observations or findings in that order, which ran in 10 pages, would not be considered by the trial court in course of trial or while considering the matter at the stage of framing of charges. From the submissions it further appears that main ground on which the petitioners want that no charges should be framed against them is their defence that the case is false and the land belongs to them as their ancestral land. In the facts of the case, this court is of the considered opinion that such defense can be properly considered at the stage of trial. More so, when order of cognizance has been upheld by this court earlier by a long reasoned order passed in the year 2001. In these facts and circumstance, it is not possible to interfere with the order of the learned Magistrate deciding to frame 2 charges against the accused persons. This application is, therefore, dismissed. It is again made clear that no observation or finding of this court shall prejudice the trial court and it will be open to the petitioners to raise their all defence before the trial court which should be considered in accordance with law. BKS/- (Shiva Kirti Singh, J.)