IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5306 of 1999 1. SHAILENDRA KUMAR SINGH @ Gutuka 2. Shailesh Kumar Singh @ Motaka Both sons of Sri Basant Singh, resident of village- Bahadurpur, police station- Sultanganj, District Patna ... ... petitioners Versus 1. THE STATE OF BIHAR 2. Sidhnath Singh son of late Subedar Singh, resident of Mohalla- Bari Pahari, Prem Chand Ke Makan, Police Station- Laheri, District- Nalanda at present residing Bahadurpur, Police Station- Sultanganj, District Patna ... ... ..... opposite parties ----------- For the petitioners: Ajay Kumar Singh, Advocate For the State: Lala Kailash Bihari Prasad, Sr. Advocate --------------- 5 19-04-2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners have prayed for quashing of order of cognizance dated 16-2-1999 passed by S.D.J.M., Nalanda in Laheri PS case no. 151/98, Trial No. 719/99 whereby cognizance has been taken for offences under sections 452, 307, 323/34 of the IPC and Section 27 of the Arms Act. Learned counsel for the petitioners has submitted that petitioners and the informant are known from before and annexure-2 would show that about six months earlier, at the instance of petitioner No.2 an application was filed before the S.D.O., Patna City leading to case No. 510/98 under section 107/116 of the Cr.P.C on the basis of Sultanganj non F.I.R. case No. 79/98. It has been submitted that because of that proceeding the informant has falsely alleged that both petitioners went by motor cycle to the place where the informant was posted as a 2 police officer and fired upon him which fortunately missed the target but thereafter further assault was committed by rod etc. The gist of submission is to disbelieve the informant’s allegation because of earlier dispute and because he is a police officer. After considering the submissions and the materials, it is found that at the present stage when police after investigation submitted charge sheet and learned Magistrate has taken cognizance on that basis, it is not possible to disbelieve the informant’s allegation in toto. Hence, this application is, therefore, dismissed. It will be open to the petitioners to take their all possible defences at appropriate stage which shall be considered in accordance with law. BKS/- (Shiva Kirti Singh, J.)