IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2965 of 2007 JANARDAN SINGH, S/O BARNI SINGH, RESIDENT OF VILLAGE- KENDUI, P.S. M.M.C.H., DISTT. GAYA................ PETITIONER Versus 1. STATE OF BIHAR 2. MALTI DEVI, W/O SANT KUMAR SINGH, RESIDENT OF VILLAGE- DENDUI, P.S. M.M.C.H., DISTT. GAYA.-. OPP. PARTIES ------------- 4 5-2-2010 Heard learned counsel for the petitioner and learned counsel for the State. It has been submitted by learned counsel for the petitioner that police submitted final report in respect of the petitioner and some other co-accused persons and only against one co-accused it was reported that non-cognizable case under sections 323 and 504 of the Indian Penal Code was made out but placing reliance upon allegations of the informant that police has not investigated the case properly and lastly on the basis of her statement the learned Magistrate has differed from the opinion of the police and taken cognizance. On going through the order of cognizance I find that the Magistrate has applied his mind to the materials on record as well as those in the case diary and then taken cognizance of the offence. In the facts of the case it is not possible to interfere with the order of cognizance. This application is, therefore, dismissed. ( Shiva Kirti Singh,J) Naresh