IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44059 of 2008 (1) Madhusudan Mahto, son of Late Shivnath Mahto, (2) Radhe Shyam Mahto @ Radhe Shyam, son of Mogal Mahto, (3) Hare Ram Mahto, son of Biranchi Mahto, (4) Amar Mahto, son of Janardan Mahto, (5) Ghanshyam Mahto, son of Biranchi Mahto, (6) Indu Devi, wife of Ram Chandra Mahto, (7) Babita Devi, wife of Hare Ram Mahto, (8) Ramchandra Mahto, son of Madhusudan Mahto, (9) Rebati Kant Mahto @ Lal Mahto, son of Madhusudan Mahto, (10) Babita Devi, wife of Late Krishan Nandan Mahto, (11) Mogal Mahto, son of Late Bishwanath Mahto, (12) Jay Jay Ram Mahto, son of Mogal Mahto, (13) Asheshwar Mahto, (14) Janardhan Mahto, (15) Biranchi Mahto, all sons of Late Shiv Ram Mahto, all of village Murli Basantpur, PS Bangaon, District Saharsa – Petitioners Vs. 1) The State of Bihar, 2) Asha Devi, wife of Bhavesh Mahto, village Murli Basantpur, PS Bangaon, District Saharsa – Opp. Parties. 2 29.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by order, dated 4.8.2008 passed in Complaint Case No. 410C/2006 by the Judicial Magistrate, Saharsa by which cognizance has been taken for the offences alleged to have been committed under sections 147, 323, 447, 448, 427 and 380 of the Penal Code. Counsel for the petitioners submits that only two witnesses out of six mentioned in the complaint petition have been examined in this case. It is also submitted that in fact the police has not examined these witnesses and, therefore, they are not reliable. Learned counsel submits that the petitioners have also filed a case against the family members of the complainant which 2 is one of the reason for filing the present complaint case. All these aspects of the matter should be raised by the petitioner at appropriate stage of the case. While taking cognizance it is not essential that all the witnesses named in the complaint petition should be examined by the court. I, thus, find no merit in this application. It is accordingly dismissed. haque ( Sheema Ali Khan, J.)