IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48617 of 2006 1. Jamun Mahto @ Yamuna Prasad, Son of Late Naurangi Mahto. 2. Ramjee Ram, Son of Late Kishun Ram. 3. Harsh Kumar @ Fudan, Son of Ram Lakhan Prasad. 4. Jitendra Ram @ Jitendra Kumar, Son of Ramjee Ram. All resident of Village Narainpur, Police Station Ekangar Sarai, District Nalanda. ---------- Petitioners Versus 1. State of Bihar. 2. Rakesh Kumar, S/o Manu Prasad, R/o Chandapur, P.S. Talbara, District Nalanda. --------- Opposite Parties ----------- 19 19.2.2010 Heard counsel for the parties. Having perused the materials on record as also taking into account the plea raised against the order taking cognizance that the same is not in line with the subsequent investigation taken up by the C.I.D., all that this Court would observe is that there was a police report in terms of Section 173(2) of the Code of Criminal Procedure and if the court below has proceeded on such police report and has taken cognizance, that cannot be said to be vitiated in law. The plea as to whether the C.I.D. had not found the allegations to be true against the petitioners or there are some other materials on the basis of which the charges cannot be framed, cannot be looked into at the time of taking 2 cognizance. Learned counsel for the opposite party no.2 in fact would inform this Court that the petitioners till date are absconding and have not surrendered despite being named in the First Information Report and issuance of warrant against them. If that be so, this Court would direct the petitioners to surrender before the court below within a period of two months from today failing which coercive action shall be taken against them. However, it goes without saying that if the petitioners appear before the court and make a prayer for their discharge, the same will be disposed of in accordance with law. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)