IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28584 of 2007 1. MD.ALMIN 2. Md. Kalam Both sons of late Asharaf Uddin 3. Md. Zabber Alam son of Md. Almin All residence of village- Gamhariya Bazar, P. S. Gamhariya Bazar, District- Madhepura. … Petitioners. Versus 1. STATE OF BIHAR 2. Md. Iqubal Ahmad son of Md. Kamaluddin Advocate Civil Court Supaul, residence residing at Ward No. 11, P. S. Supaul Nagar Parishad, Dist. Supaul. … Opp. parties ----------- 4. 10.08.2009. Heard counsel for the petitioners and counsel for the State. Counsel for the petitioners would submit that the allegation of obtaining signature by force on a non-judicial stamp being the main allegation if such document (non-judicial stamp containing the signature of the complainant) till date has not been used for any purpose by the petitioners or other accused persons, the Court should presume that it was a case of civil nature. This aspect of the matter however could not have been gone into at the time of taking cognizance but then if there be any such material at the time of framing of the charge with regard to alleged non-use of non-judicial paper, the same can definitely be taken as a - 2 - valid circumstance under Section 239 for discharging the petitioners. That being so, this application is disposed of with an observation that the court below shall consider this aspect of the matter at the time of framing of the charge. kanchan (Mihir Kumar Jha, J.)