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Judgment
Heard learned Sr. counsel for the petitioners and learned APP for the State.
The instant petition, under Section 482 of the Code of Criminal Procedure, 1973, has been filed for quashing the order dated 03.03.2014, passed by learned Chief Judicial Magistrate Bhopur, Ara, in Complaint Case No. 04(C)/14, by which the learned Magistrate has taken cognizance against the petitioners and others for the offence under Section 188 of the Indian Penal Code as also the order dated 16.09.2014 passed by Sessions Judge, Bhojpur, Ara in Cr. Rev. No. 96 of 2014, whereby the Sessions Judge has affirmed the order taking cognizance dated 03. 03. 2014.
It is submitted by the learned Senior counsel appearing on behalf of the petitioners that petitioners are the bona fide purchasers of the land in-question. From the allegations made in the complaint, this Court would find that there is specific allegations that prohibitory order dated 17.08.2013 has been violated by the opposite parties on 03.10.2013.The Court, therefore, would only observe that prima facie case under Section 188 of the Indian Penal Code, as observed by the Chief Judicial Magistrate, Bhojpur, Ara, in his order dated 03.03.2014, is in accordance with law and does not require any interference.
It is trite law that at the stage of taking of cognizance, the Magistrate is only required to examine whether the allegations make out a prima facie case for issuance of summons. The facts and circumstance of the case, merely on the basis of submissions that the petitioners are the bona fide purchasers of land in-question does not require any consideration at this stage, and are, at best, the defence of the petitioners to be considered at the appropriate stage in the proceedings in the Court below.
The application stands dismissed.