JUDGMENT :

1. Heard learned counsel for the petitioners, learned counsel for the opposite party no. 2 and learned A.P.P. for the State.

2. The petitioners are seeking quashing of the order dated 25.07.2014 passed by learned Judicial Magistrate 1st Class, Barh, Patna in Complaint Case No. 685(C)/2012 by which the learned Magistrate has refused to discharge the accused – petitioners in the present case.

3. Learned counsel for the petitioners submits that the case is false and malicious prosecution of the petitioners. Referring to the documents enclosed with the petition, he submits that both the parties are fighting a civil litigation, which arose out of Measurement Case no. 07/2013-2014, and because of the said land dispute which had cropped up earlier, the present complaint case was filed just to harass these petitioners. Learned counsel also submits that the petitioner no. 1 had earlier filed an information petition in the court of the learned Additional Chief Judicial Magistrate, Barh (Annexure-4 to the present application) and had informed the learned court that the opposite party is likely to lodge a false case against him. It is stated that the petitioner no. 1 is a retired engin