Chandra Shekhar Jha, J. – Heard Mr. M.N. Parbat, learned senior counsel appearing on behalf of the petitioners, Mr. Shyameshwar Dayal, learned APP appearing on behalf of the State duly assisted by Mr. Rikesh Sinha, learned counsel for the opposite party no.2.

2. The present application has been filed for quashing the order taking cognizance dated 19.05.2015 passed by learned Chief Judicial Magistrate, Darbhanga in L.N.M. Vishwa Vidyalay P.S. Case No.195 of 2014 (Trial No.410 of 2016), whereby the learned Jurisdictional Magistrate has taken cognizance of offences punishable under Sections 341, 323, 448, 380, 504 and 506 read with 34 of the Indian Penal Code (for short ‘IPC’) against the petitioners.

3. The prosecution case is based upon the written application of one Ashutosh Kumar Mishra, informant/opposite party no.2, dated 27.08.2014 filed before the Officer-in-charge, L.N.M. Vishwa Vidyalay Police Station stating therein that his ancestral house is situated at Denbey Road, but he normally reside at Singarauli, in connection with his business activities. The informant has two brothers, one elder to him namely, Ashok Kumar Mishra, who died much before. The informant had put his lock in his share of house and reside there, whenever he visit to Darbhanga. The informant/opposite party no.2 further alleged that on 13.07.2014, when he came at Darbhanga along with one Bimlesh Kumar Jha, son-in-law of his Late elder brother, he found lock of his room broken and his belongings were missing. His sister-in-law (Bhabhi), namely, Bandana Mishra (Petitioner No.1) and nephew Anurag Gautam (Petitioner No.2) abused him and asked to go from there. On protest of the informant, at their instance, twothree unknown persons present over there, started altercation and pushed him out from gate. His nephew threatened him to kill. The informant/opposite party no.2 further alleged that in the next morning, the informant informed about occurrence to the nearby respectable people, who tried to settle the matter at their best but, petitioner no.1 did not agree. Thereafter, the informant informed the police, who organized a meeting with petitioner No.1 on 17.07.2014, where petitioner No.1 Bandana Mishra promised that after concluding ongoing pooja (prayer ceremony), she would return the share of the informant and his belongings, but, later on, she retracted from her earlier promise. She wants to grab his land fraudulently.

4. With aforesaid factual allegation, L.N.M. Vishwa Vidayalay P.S. Case No.195 of 2014 was registered against the petitioners, where after the investigation, the police has submitted charge-sheet for the offences under Sections 341, 323, 448, 380, 504 and 506 read with 34 of the IPC, where the learned Chief Judicial Magistrate, Darbhanga after perusal of records, took cognizance for the offences vide order dated 19.05.2015, which is impugned order and subject of present petition.

5. It is submitted by Mr. M.N. Parbat, learned senior counsel appearing on behalf of the petitioners that the present case is a classical example of malicious prosecution out of ulterior and oblique motive as just to give a criminal colour to civil dispute and on this score alone, the present proceeding is fit to be quashed and set aside. It is pointed out that from the face of FIR, no case as alleged to be made out against the petitioners, as admittedly petitioners are of the co-sharers of the disputed house living there with her family members. Mr. Parbat, further pointed out that opposite party no.2 has approached the Bihar Land Disputes Redressal Forum (for short ‘BLDR’), Darbhanga with supporting documents, which are also available with present petition through different annexures but, the possession and title of opposite party no.2 was not find favour, as the documents were not sufficient to pass any appropriate order on said issue. It is submitted that said order was passed on 10th of December, 2013. Getting frustrated with aforesaid order, on 27.08.2014, on