IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12095 of 2010 JAGJIVAN MANDAL @ JIVAL RAM, S/o Late Shrawan Mandal, R/o Village- Baijalpur, P.S.-Sabour, District-Bhagalpur. Versus THE STATE OF BIHAR ----------- 02. 09.12.2010 The petitioner has sought quashing of the order dated 07.01.2010 passed by the Chief Judicial Magistrate, Bhagalpur in Sabour P.S. Case No. 305 of 2008 by which he has taken cognizance under Section 376 IPC. Learned counsel for the petitioner submits that the final report was submitted in the matter and, therefore, there is no justification for taking cognizance. It is well settled that it is within the powers of the Magistrate to disagree with the opinion of the police and, therefore, the Magistrate in taking cognizance has not committed any irregularity. In view of such, the application is dismissed. Vikash/- (Anjana Prakash, J.)