IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35643 of 2008 Shri Ram Sharma, Son of late Paresh Sharma, Resident of Village Pakri Mohammad, PS Amnaur, District Saran (Chapra) ---- Petitioner Versus 1. The State Of Bihar. 2. Birendra Tiwary, Son of Late Ram Nath Tiwary, Resident of Village Pakri Mohammad, PS Amnaur, District Saran (Chapra) ---- Opposite Parties ----------- 2 14.7.2011 The petitioner is aggrieved by the order dated 15.4.2004, passed by the Chief Judicial Magistrate, Chapra by which cognizance has been taken for offences under Sections 147, 148, 149, 302 and 380 of the Indian Penal Code. The ground for challenging the order is that the police has submitted a final form against four persons only. The Chief Judicial Magistrate, Chapra without giving any cogent reasons differed from the findings of the I.O. of this case and took cognizance against the petitioner. The petitioner is given liberty to raise this issue at the time of framing of charges to demonstrate to the Court that there is absolutely no evidence in the case diary. I do not see any reason to interfere with the order of the Chief Judicial Magistrate, Chapra by which he has differed with the findings of the Officer Incharge. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)