IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41422 of 2008 ============================================= Balram Prasad .... .... Petitioner/s Versus State Of Bihar .... .... Opposite Party/s ============================================= 3 15-10-2011 Heard learned counsel for the petitioner and learned counsel for the State. This application is filed for quashing the order of cognizance dated 08.07.2008 passed by the C.J.M., Bihar Sharif, Nalanda in Silao (Rajgir) P.S. Case No. 315 of 2006 G.R. No. 1688 of 2006 pending in the Court of C.J.M., Ist Class, Bihar Sharif, Nalanda. Bricks of soling are said removed after damaging the same. Allegation is that it was removed for own purpose. Submission of the learned counsel for the petitioner is that forcibly soling was laid upon petitioner’s land which rightly has been removed. Bricks are kept in side of the land from where it were removed. More specifically, it is submitted that really petitioner is aggrieved as his land was attempted to forcibly taken in possession for the purpose of laying soling. Every material was collected by the I.O. including measurement of the land by Anchal Amin showing the same (land) part of petitioner’s plot (land) differing the same, cognizance is taken for the offence under Sections 379 and 427 of the I.P.C. Under the circumstance, discussed above, no offence under either of the sections is made out. Hence, order for cognizance and issuance of processes are not liable to be sustained. Accordingly, the quashing application is allowed and order of cognizance dated 08.07.2008 and further prosecution is hereby quashed. Shailendra Bhushan Prasad/- (Mandhata Singh, J.)