Bijendra Yadav & Ors vs The State Of Bihar on 27 July, 2011

                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        Cr.Misc. No.40310 of 2008
    1)   Bijendra Yadav,
    2)   Sukhlal Yadav,
    3)   Lakhan Deo Yadav, all sons of Shiopujan Yadav,
    4)   Rajendra Yadav,
    5)   Rabindra Yadav,
    6)   Mukesh Yadav,
    7)   Sukhlal Yadav,
    8)   Sabindra Yadav,
    9)   Ranjay Yadav,, sons of Lakhan Deo Yadav, residents of Gazipur, PS Kapri, District Arwal
         - Petitioners.
                                                 Vs.
                                         The State of Bihar.
2         27.7.2011

HeardMr. Shailendra Kumar Singh, counsel for the

petitioners and Mr.Chandrasen Pd. Singh, learned A.P.P. for the State.

This application has been filed for quashing the order, dated

27.8.2008 passed in Complaint (P) 118/2007 by the Judicial Magistrate,

1st Class, Jehanabad by which cognizance has been taken for the

offences under sections 364/34 of the Penal Code.

Cognizance has been taken on the basis of the protest

petition. Admittedly the investigation by the police shows that in fact

the entire case was untrue and recommended a proceeding under

sections 182/211 of the Penal Code. It appears that there are several

cases pending between the parties who are agnates. This case is pending

because of land dispute. The order of cognizance has been passed on a

protest cum complaint petition which is permissible under law.

As such this application is thus disposed of with

observation that the petitioners may raise these issues at the appropriate

stage of the case.

           haque                                                   ( Sheema Ali Khan, J.)