IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14420 of 2009 1. Moijur Rahaman, son of Late Roja Khan, 2. Shahajada, 3. Raja, both sons of Sri Moijur Rahman, 4. Bu Ali @ Md. Buali Khan, 5. Hamja @ Md. Shama Hamja Khan, 6. Majistar @ Md. Changej Khan, 4 to 6 sons of Samaullah Khan @ Md. Shamiullah Khan, all of village Barna, PS Kusheshwar Asthan, District Darbhanga – petitioners. Vs 1. The State of Bihar, 2. Md. Jashim, son of Late Idrish, village Barna, PS Kusheshwar Asthan, Dist. Darbhanga – opp. parties. 2 10.3.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 26.2.2009 passed in C.R. No. 18/2009 by the Judicial Magistrate, Ist Class, Biraul (Benipur) on the ground that the case instituted is false. It is stated that the petitioners and the informant are agnates and the informant in fact is accused in a murder case in which petitioners’ family and some of the petitioners are witnesses. As such this false and frivolous case has been instituted. This aspect of the matter can only be considered at an appropriate stage. There is no illegality in the order taking cognizance. This application is dismissed. haque (Sheema Ali Khan, J.)