IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.29758 OF 2008 1. GANESH CHAUDHARY, SON OF HARI CHAUDHARY 2. NARAIN CHAUDHARY, SON OF HARI CHAUDHARY 3. RAM KEWAL CHAUDHARY, SON OF GANESH CHAUDHARY 4. PARMOD CHAUDHARY, SON OF GANESH CHAUDHARY 5. SHRI CHAUDHARY, SON OF GANESH CHAUDHARY 6. AMAR CHAUDHARY, SON OF NARAIN CHOUDHARY 7. MUNNI DEVI, WIFE OF NARAIN CHAUDHARY 8. RAJ MUNI DEVI, WIFE OF GANESH CHAUDHARY ALL RESIDENT OF VILLAGE PURNADIH TOLA PINDRA, POLICE STATION AMAS, DISTRICT GAYA ……………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. RAM BILASH CHAUHAN, SON OF LATE RAM GULAM CHAUHAN, RESIDENT OF VILLAGE SAMSHERKHAP, POLICE STATION AMAS, DISTRICT GAYA ………………………………………………………………………..OPPOSITE PARTIES ********** 2 22/06/2011 This application has been filed challenging the order dated 29.01.2008 passed in Complaint Case No. 573 of 2007 by which the Judicial Magistrate, 1st Class, Sherghati has taken cognizance for the offences alleged to have been committed under Sections 323, 504 and 379 of the Indian Penal Code. It would appear from the pleadings in the application that the parties are litigating with each other with respect to certain lands. Both parties have filed cases against each other and are fighting tooth and nail for the lands in question. The petitioners claim that they have superior title and therefore, the complainant cannot raise any 2 claim and try to dispossess the petitioners. All these aspects of the matter would be considered by the Court below at the appropriate stage on production of relevant documents by the parties. Undoubtedly, the Court below would consider whether the parties had a right to defend their properties in view of the issues raised by the petitioners. This application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J. )