1. The petitioner is accused in Complaint Case No. 647(C) of 1996 filed by the State Society for Prevention of Cruelty to Animals, Bihar a registered society through its Secretary Raj Kishore Singh in the Court of learned Chief Judicial Magistrate, Patna. A copy of the complaint petition is at Annexure-1.

2. By the impugned order dated 11.10.1996 cognizance has been taken against the petitioner in the aforesaid complaint case for the offence under Section 465 of the Indian Penal Code.

3. The challenge is on the ground that the offence for which cognizance has been taken is not made out on bare perusal of the complaint petition and secondly on the ground that criminal proceeding is manifestly attended with mala fide and has maliciously been instituted with an ulterior motive to wreak vengeance due to private and personal grudge between the complainant Raj Kishore Singh and the petitioner as both claimed to be the Secretary of the Complainant-Society.

4. It is worth to mention here that after death of Raj Kishore Singh (the original complainant) opposite party no. 2 Ratneshwar Prasad Singh was substituted as complainant in the complaint case aforesaid.

5. Learned counsel for th