IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8454 of 2009 1. LAKHAN MAHTO 2. LAXMAN MAHTO 3. KARMDEO MAHTO 4. RAM PRASAD MAHTO ALL ARE SONS OF LATE BHIKHAN MAHTO 5. RAJENDRA BHAGAT @ RAJENDRA MALI, SON OF RAGHU MALI, ALL ARE RESIDENTS OF VILLAGE SHEOPUR, POLICE STATION NABI NAGAR, DISTT. AURANGABAD. --------- PETITIONERS. Versus STATE OF BIHAR ---- OPPOSITE PARTY. ----------- 2. 30.08.2010 Heard the parties. The petitioners seek quashing of the order of cognizance dated 2.11.2007 under Section 302/34 of the Indian Penal Code passed by the Judicial Magistrate, 1st Class, Aurangabad, in Complaint Case No. 833 of 2005, Trial No. 1142 of 2009 on disputed questions of fact. This Court is unable to appreciate the disputed questions of fact at the stage of Section 482 of the Code of Criminal Procedure. However, it is brought to the notice of the court that for the same occurrence another case is proceeding, if it is so, the same shall be amalgamated with the present proceedings. With these observations, the application is dismissed. S.Ali ( Anjana Prakash, J.)