IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54339 of 2007 1. Uma Shankar Rai @ Uma Shankar Singh, son of late Nathuni Rai. 2. Punyadeo Rai. 3. Satyadeo Rai. 4. Gautam Rai. 5. Satendra Rai. All four are sons of Late Nathuni Rai. 6. Dilip Kumar Rai. 7. Sandeep Kumar Rai. 8. Raj Kumar Rai. All three are sons of Umashankar Rai 9. Teni Rai @ Teni Kumar Rai, son of Punyadeo Rai. All are resident of village-Nayanpura, Police Station-Pachrukhi, District-Siwan. ………Petitioners Versus 1. The State Of Bihar 2. Shiv Kumar Singh, son of Sri. Nagina Singh, resident of village Nayanpura, P.S.-Pachrukhi, District-Siwan. …….Opposite Parties. ----------- 04. 21.04.2010 Heard learned counsel for the petitioners and learned counsel for the State. The present application has been filed for quashing the order dated 13.09.2007 passed by the Additional Chief Judicial Magistrate, Siwan in Pachrukhi P.S. Case No. 114 of 2007 whereby the learned Additional Chief Judicial Magistrate has taken cognizance under Sections 323, 504 of the Indian Penal Code differing with the final form. There is no doubt that the learned Magistrate has power to differ with the final form and take cognizance in the Magistrate trialble cases, more over the order of cognizance 2 is of 2007, I am not inclined to interfere in the matter at this stage. However, the petitioners are at liberty to raise all these issues at the time of framing of charge, if the charges have already not been framed. The application stands dismissed with the aforesaid observations. Shageer (Dinesh Kumar Singh, J.)