IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8370 of 2008 1. VIJAY KUMAR MISHRA, SON OF LATE KRIT NARAYAN MISHRA 2. GAURI MISHRA,WIFE OF SRI VIJAY KUMAR MISHRA 3. MOHAN MISHRA, SON OF SRI VIJAY KUMAR MISHRA ALL RESIDENTS OF VILLAGE THALWARA, P.S. ASHOK PAPER MILL, DISTRICT DARBHANGA. ----- PETITIONERS Versus 1. THE STATE OF BIHAR 2. VED PRAKASH MISHRA @ BHAGWAN BABU, SON OF SUNDER KANT MISHRA, RESIDENT OF VILLAGE THALWARA, P.S. ASHOK KUMAR MILL, DISTRICT DARBHANGA.—OPPOSITE PARTIES. ----------- 2 28.1.2010 Counsel for the petitioners submits that Ved Prakash Mishra @ Bhagwan Babu, opposite party no. 2 has filed C.R. No. 1120/2007 as a counter blast to the earlier case filed by the daughter-in-law of the petitioner no. 1 on 24.5.2007. It is further submitted that the complaint case has been registered after one month of the occurrence. The complainant apparently was lodged in jail in a case under the Arms Act in which the First Information Report was instituted on 24.5.2007. It appears from the perusal of the petition and the various documents attached that the parties are litigating and have enmity with each other. As far as the order of cognizance is concerned, this Court cannot interfere with the order as there is 2 neither any illegality or irregularity in the order impugned. The question of false implication due to previous enmity cannot be considered at this stage. However, the petitioner would have the liberty to raise these points at the appropriate stage in this case. This application for quashing of the cognizance is dismissed. Sanjay ( Sheema Ali Khan, J.)