IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29544 of 2008 1. DINA PASWAN @ DAYA NAND RAM, SON OF LATE CHAMARI PASWAN, RESIDENT OF GOVINDPUR, P.S. FATUHA, DISTRICT PATNA, A/P ASSISTANT MANAGER, CENTRAL BANK OF INDIA, AURANGABAD BRANCH AT AURANGABAD. 2. KAMAL PASWAN, SON OF DINA PASWAN, RESIDENT OF GOVINDPUR, P.S. FATUHA, DISTRICT PATNA. 3. LAL BABU PASWAN, SON OF DINA PASWAN, RESIDENT OF GOVINDPUR, P.S. FATUHA, DISTRICT PATNA, A/P ASSISTANT L.I.C., BRANCH NO. I, EXHIBITION ROAD, PATNA. 4. MANOHAR PASWAN, SON OF SRI KRISHNA PASWAN, RESIDENT OF GOVINDPUR, P.S. FATUHA, DISTRICT PATNA. ---- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. KABUTARI DEVI, WIFE OF KISHORE MAHTON, RESIDENT OF GOVINDPUR, P.S. FATUHA, DISTRICT PATNA. ----- OPPOSITE PARTIES. ----------- 2 22.6.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing of the order dated 14.2.2008 passed by the Judicial Magistrate, 1st Class, Patna City in Fatuha P.S. Case No. 272 of 2007 by which cognizance has been taken by the Court below for offences alleged to have been committed under Sections 341, 323, 337, 379, 504/34 of the Indian Penal Code. No special grounds have been made out for quashing of the order of cognizance. Learned counsel for the petitioners argues that in fact the contents of the First Information Report do not constitute an offence under Section 323 and other sections of the Indian Penal Code. This aspect of the matter may be considered by the Court below at the time of framing of charges, if no final order has 2 been passed with respect to framing of charges as yet. This application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)