IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15795 of 2008 1. Bharat Singh Son of Rijhan Singh 2. Ramesh Singh Son of Kanhaiya Singh 3. Sangeeta Devi Wife of Ramesh Singh 4. Sanju Devi wife of Mahesh Singh All residents of Village-Sagar Churaman, P.S. Keshariya, District-East Champaran ---- Petitioners Versus THE STATE OF BIHAR ----------- 02 28-06-2010 Four petitioners have challenged the order of cognizance dated 12.6.2007 passed by the learned Chief Judicial Magistrate, East Champaran at Motihari in Kesariya P.S. Case No.54 of 2006. It was submitted by the learned counsel for the petitioners that it is true that all the petitioners were named as accused in the F.I.R., but during the investigation the police found nothing against petitioner nos.3 and 4 and accordingly, chargesheet was submitted against only two accused, i.e. petitioner Nos. 1 and 2. The learned Magistrate contrary to the materials available on the record has taken cognizance of offence even against petitioner nos.3 and 4. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with liberty to raise all the points at the appropriate stage before the court below. Prayer is allowed. Accordingly, this petition is dismissed as withdrawn with liberty to the petitioners to file appropriate petition before the concerned court and if there is no material against petitioner nos.3 and 4 in the case diary, it is expected that the court below will pass 2 order in accordance with law. NKS/- ( Rakesh Kumar, J )