1. It is surprising that counter-affidavit/rejoinder/supplementary counter-affidavit etc. have been filed by the parties for unjustifiable reason and the parties seem to have deviated from the main issue involved in the present case i.e. as to whether the order dated 04.09.2014 passed by the learned Judicial Magistrate, 1st Class, Sitamarhi, by which he has taken cognizance against the petitioners under various sections of the Indian Penal Code, is liable to be quashed or not?

2. The short facts of the case are that the Opposite Party No. 2 namely Hari Kishore Sinha had filed a Complaint Case No. 1262 of 2013 (C) of 2013 before the court of learned C.J.M. Sitamarhi against the petitioners herein and others, inter-alia, alleging therein that the father of the complainant namely late Ram Prasad Mahto and late Indrajeet Mahto were brothers and on 24.09.1971 their cousin grand-father late Jingur Mahto had given them 26 acres 11 decimals of land by Will. The said Jhingur Mahto had then died on account of illness on 21.10.1971. The father of the complainant and late Indrajeet Mahto, in the year 1977, with a view to prove the will had filed a case before the District Judge, Muzaf