IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.45240 OF 2008 1. GOPALI BHAGAT, SON OF LATE DEO NARAYAN BHAGAT 2. BIPIN MALAKAR, SON OF GOPALI BHAGAT 3. NAVIN MALAKAR, SON OF LATE RAM PRAVESH MALAKAR 4. NAVNIT MALAKAR, SON OF LATE RAM PRAVESH MALAKAR ALL RESIDENT OF VILLAGE KHAIRA, POLICE STATION PUNPUN, DISTRICT PATNA VERSUS THE STATE OF BIHAR *********** 2 04/08/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed for quashing of the order dated 04.02.2008 passed in Punpun Police Station Case No. 20 of 2006 by which the Sub Divisional Judicial Magistrate, Masaurhi has taken cognizance for the offences alleged to have been committed under Sections 302 of the Indian Penal Code, Section 27 of the Arms Act and Section 3 (i) (v) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act. Learned Counsel for the petitioners submits that there is no specific allegation against the petitioner. He has only been named as the member of the mob. Under these circumstances, it is submitted that the order taking cognizance is bad. In my opinion, there is no illegality in the order impugned. The question as to whether the 2 petitioner was a member of the mob would be considered during the trial of the case. This application is accordingly dismissed. Anand (Sheema Ali Khan, J.)