IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20701 of 2010 NAWAL KISHORE SINGH, SON OF RAMPAL SINGH, RESIDENT OF VILLAGE PATERHA JAIRAM, P.S. VAISHALI (MUFFASIL), O.P. BELSAR, DISTT. VAISHALI AT HAZIPUR. ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. MUKESH KUMAR, SON OF LATE SHANKAR SINGH, RESIDENT OF VILLAGE PATERHA JAIRAM, P.S. VAISHALI (MUFFASIL), O.P. BELSAR, DISTT. VAISHALI AT HAZIPUR. ----- OPPOSITE PARTIES. ----------- 3. 03.03.2011 Heard the parties. The petitioner has sought quashing of the order dated 19.4.2010 passed in Vaishali (Belsar) P.S. Case No. 220 of 2009 by the Chief Judicial Magistrate, Vaishali, by which he has taken cognizance under various Sections of the Indian Penal Code. It has been submitted that even though the petitioner was named in the First Information Report but during investigation, he was found to have been present at the place of his posting where he was a teacher and, therefore, final report was submitted in his behalf. However, disagreeing with the final report, the court below has taken cognizance and committed an illegality. Since the question of alibi is a question of fact which can only be adjudicated at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed. S.Ali ( Anjana Prakash, J.)