IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8397 of 2008 1. Munna Mian @ Md Shaukat Ali 2. Pappu Mian @ Anwar Ali 3. Puttu Mian @ Md AkramAli son of late Barpu Mian All resident of Mohalla Dariapur Langartoli Chauraha near Kaveri hotel PS Pirbahore Dist. Patna Petitioners Versus 1. THE STATE OF BIHAR 2. Pappu Paswan son of Late Mohan Ram resident of Mohalla Dariapur Langartoli Chauraha near Kaveri hotel PS Pirbahore Dist. Patna Opposite parties -------- 2- 21.12.2009 Heard learned counsel for the parties Petitioners have challenged the order dated 28.6.2006 passed by the Judicial Magistrate, Ist Class, Patna in Complaint Case no. 1364C of 2006 by which cognizance has been taken against the petitioners under sections 323, 447, 379, 504/34 of the Indian Penal Code. Learned counsel for the petitioners submits that Bibi Haliman mother of petitioner nos. 1 and 2 and Late Barfuddin had purchased a piece of land from the father of opposite party no.2. Mutation proceeding was instituted and the land of the petitioners was mutated vide Mutation Case no. 326-327/1985-86 respectively. On the aforesaid facts, learned counsel submits that it is a fact that the land belongs of the petitioners and the allegation that the petitioners intended to enter on the land of opposite party no.2 appears to be concocted and the case has been deliberately filed in order to show false right in favour of opposite party no.2. All these facts can not be examined at this stage of the case. This court does not find any illegality in the order of cognizance. - 2 - Accordingly, this application stands dismissed. However, the petitioners will be at liberty to raise the issues at the appropriate stage. (Sheema Ali Khan,J) Shahid