IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8339 of 2010 1. VIJAY KUMAR SAH @ VIJAY KUMAR GUPTA S/O LATE JADU SAV 2. SUNITA DEVI, W/O VIJAY KUMAR SAH @ VIJAY KUMAR GUPTA 3. SONU KUMAR @ SACHIN KUMAR SAH, S/O VIJAY KUMAR SAH @ VIJAY KUMAR GUPTA 4. MONU KUMAR @ SAURAV KUMAR SAH S/O VIJAY KUMAR SAH @ VIJAY KUMAR GUPTA ALL R/O DEVENDRA RAI LANE JANTA ROAD, P.S. GARDANIBAGH, DISTRICT- PATNA (TOWN) Versus STATE OF BIHAR ----------- 2. 01.12.2010 Heard the parties. The petitioners have sought quashing of the order dated 27.01.2010 passed by Chief Judicial Magistrate, Patna, in connection with Gardanibagh P.S. Case No. 10/2010, by which he has taken cognizance under Section 447, 323, 379/34 of I.P.C. The contention of the petitioner is that even though no independent witness supported the fact of theft during investigation and final report was submitted in this regard the Magistrate without applying his mind has taken cognizance. On perusal of the order of cognizance, I find that the court below has considered the documents which were placed before him and it was sufficient for him to say that he had applied his mind. Under the circumstances, I find no merit in application, the application is dismissed. Fahad. ( Anjana Prakash, J. )