IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5757 of 2008 SURYA NARAYAN JAISWAL & ANR Versus THE STATE OF BIHAR & ANR ----------- 03. 05.05.2010 Heard learned counsel for the petitioners, learned counsel for the O.P. No. 2 and learned counsel for the State. The present application has been filed for quashing the order of cognizance dated 06.02.2006 as well as the Revisional order dated 03.11.2007, whereby the learned Sessions Judge refused to interfere with the cognizance order. It is submitted by the learned counsel for the O.P. No. 2 that the trial has already commenced. In view of the change position of the case, I am not inclined to interfere in the matter at this stage. However, petitioners are at liberty to raise all the contentions about the civil nature of dispute, the pendency of the title suit between the parties as well as the transfer of the land by O.P. No. 2 prior to the agreement with the petitioner which shall be considered by the Trial Court on merits. With the aforesaid observations, the application stands dismissed. Shageer (Dinesh Kumar Singh, J.)