IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45754 of 2008 1. KAMESHWAR JHA, SON OF LATE BALESHWAR JHA 2. DHARMVIR, SON OF KAMESHWAR JHA BOTH RESIDENT OF MOHALLA GAUTAM NAGAR, WARD NO. 11, SAHARSA, P.S. AND DISTRICT SAHARSA. 3. RAMESH KUMAR KHAN, SON OF DINANATH KHAN, RESIDENT OF VILLAGE GAMHARIA, P.S. SAUR BAZAR, DISTRICT SAHARSA. ----- PETITIONERS Versus 1. THE STATE OF BIHAR 2. VIJAY BHUSHAN SINGH, SON OF CHANDRADEO SINGH, RESIDENT OF MOHALLA GAUTAM NAGAR, WARD NO. 11, SAHARSA, P.S. AND DISTRICT SAHARSA. ----- OPPOSITE PARTIES ----------- 2 28.10.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners have challenged the order dated 15.9.2008 passed by the Judicial Magistrate, Saharsa in Complaint Case No. 1390 of 2007 by which cognizance has been taken under Sections 323, 379 and 504 of the Indian Penal Code. Learned counsel argues that the present complaint case has been filed as a counter blast of the two earlier cases filed by the petitioner no. 1 alleging that the complainant had demolished his wall in his absence and had thereby tried to widen the road between the house of the complainant and the petitioner no. 1. It is submitted that it is a civil dispute and this case has been filed out of malice and no such occurrence has taken place. Leaned counsel would be at liberty to raise all these points at the appropriate stage. However, for the present, I am not inclined to interfere with the order impugned. This application is dismissed. Sanjay (Sheema Ali Khan, J.)