IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31104 of 2008 (1) Tarkeshwar Dayal, son of Rishishwar Dayal, (2) Shrawan Kumar @ Shrawan Kumar Sinha, son of Tearkeshwar Dayal, both of Khairabad, PS Bihar Sharif, Dist. Nalanda. (3) Mahendra Prasad, son of Late Har Gauri Pd., (4) Guddu Kumar, (5) Bhupesh Kumar, both sons of Mahendra Pd., both of Mohanpur, PS Nalanda, Dist. Nalanda. (6) Sanjay Kumar @ Ram Chandra, (7) Rajesh Kumar Sinha @ Murari Lal, both sons of Late Narendra Pd @ Bachchu Lal, both of Khairabad, PS Bihar Sharif, Dist. Nalanda – Petitioners. Vs 1) The State of Bihar, 2) Narmadeshwar Prasad, son of Late Rishishwar Dayal, Mohalla Khairabad, PS Bihar Sharif, Dist. Nalanda – opp. Parties. 3 30.6.2011 Heard learned counsel for the petitioners and the State. The petitioners are aggrieved by order, dated 3.7.2008 passed in Complaint Case No. 461C/2008 by the Judicial Magistrate, 2nd Class, Nalanda by which cognizance has been taken for the offences under sections 341, 323, 379/34 of the Penal Code. Learned counsel for the petitioners submits that there is a case and counter case. The case filed by them is earlier in time. It is submitted that the case is due to land dispute and the informant along with others was responsible for trying to disturb the petitioners. All these aspects of the matter cannot be considered by the court for the purpose of setting aside the order of cognizance. This application is dismissed. haque ( Sheema Ali Khan, J.)