IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39523 of 2009 1. RAJEEV KUMAR, SON OF LATE UMESH CHANDRA SINGH, RESIDENT OF KHAIR BIGAHA, 2. RAVINDRA SINGH @ RAVINDRA KUMAR, SON OF SHYAM NARAYAN SINGH, RESIDENT OF BHUSARA, BOTH P.S. & DISTRICT ARWAL. 3. BRAJESH KUMAR, SON OF RAM KALI SINGH, RESIDENT OF & P.S. KINJAR, DISTRICT ARWAL. ----- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. KUNTI DEVI, WIFE OF LATE MAHESH CHANDRA SINGH, RESIDENT OF KHAIR BIGAHA, P.S.+DISTRICT ARWAL. ----- OPPOSITE PARTIES ----------- 2 8.1.2010 Heard the parties. This application has been filed against the order dated 23.7.2009 passed by the, Jehanabad in Arwal P.S. Case No. 63/2008 by which the Court has taken cognizance against the petitioners for offences under Sections 302, 120(B)/34 of the Indian Penal Code. The petitioners are named in the First Information Report. Subsequently, the Investigating Officer has found that the case was not true as far as these three petitioners are concerned and submitted final form against these petitioners, sending up the other named co-accused persons for trial. The Chief Judicial Magistrate, Jehanabad differing with the findings of the Investigating Officer has taken cognizance against the petitioners on the basis of the material in the case diary and specially in view of the statement of the informant. The Court has also disbelieved the plea of alibi of Brajesh Kumar, petitioner no. 3 as it is not supported by relevant documents. I do not see any illegality in the order of the Court below as the Court has jurisdiction to differ with the final form submitted by the Investigating Officer. In the result, this application is dismissed. Sanjay (Sheema Ali Khan, J.)