ARUN PASWAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) THE petitioners have put up a challenge to the order dated 29.02.2008, passed by the learned Judicial Magistrate, 1st Class, Biharsharif, Nalanda in Complaint Case No. 1425(C) of 2007, whereby cognizance has been taken under Sections 341, 323, 448, 379 and 34 of the Indian Penal Code.

(3.) LEARNED counsel for the petitioners submits that from the allegations, it would appear that it is nothing but a fall out of an earlier spate of litigation between the parties. The petitioners and opposite party No. 2 are co -villagers and have been on litigating terms from before. Earlier cases filed by petitioner Nos. 1 and 2 against the husband of opposite party No. 2 have been brought on record to demonstrate the factum of old enmity and dispute between the parties. Section 107 Cr.P.C. proceeding was also initiated as against the parties because of their propensity to create disturbance for each other.