IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.57739 of 2007 1. RAM NARESH SINGH, SON OF LATE BALRAM SINGH. 2. BIRENDRA SINGH @ BIRENDRA KUMAR SINGH, S/O. LATE BALRAM SINGH. 3. PAPPU SINGH @ MUKESH KUMAR SINGH, SON OF RAM NARESH SINGH. 4. RAJU SINGH, SON OF MUNDRIKA SINGH. ALL RESIDENT OF VILLAGE – RAUNA, POLICE STATION – GAIGHAT, DISTRICT – MUZAFFARPUR. …………………… PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. SURENDRA SINGH, SON OF LATE BHUSHAN SINGH, RESIDENT OF VILLAGE – RAUNA, POLICE STATION – GAIGHAT, DISTRICT – MUZAFFARPUR. …………………….. OPPOSITE PARTIES. ----------- 03/ 07.04.2010 Heard the parties. This application has been filed against the order dated 08.11.2007 passed by the Sessions Judge, Patna by which he has dismissed the criminal revision no. 216 of 2007 and against the order dated 14.09.2006 by which summon has been issued against the petitioners in consequence of the supplementary charge sheet filed against him. Learned counsel for the petitioners submits that the charge sheet has not submitted against the petitioner no. 3 and found allegation untrue by the I.O., however, the learned CJM has taken cognizance against them. However, the law is settled that even if accused is not sent up for trial a cognizance can be taken by the CJM even against the person not sent up or charge sheet not submitted against him and can differ with the finding of I.O. However, the name of petitioner find place in the First Information Report itself and hence, issue of summon after taking cognizance against the petitioner - 2 - is not suffer from any illegality as the cognizance is taken of the offence. However, the case of the plaintiff in the First Information Report itself naming these petitioners against the accused persons who came various arms with and assaulted causing the death of one and having regard to the facts and circumstances, I do not find any merit in this petition. Accordingly, this petition is dismissed. Kundan (Gopal Prasad, J.)