IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24678 of 2009 1. ASHWANI YADAV son of Kamal Yadav, 2. Arjun Yadav son of Kamal Yadav, & 3. Dineshwar Yadav @ Tedhu Yadav, son of Dular Yadav All resident of village- Dhudha Mathiya, P.S. Majhauliya, District- West Champaran ….Petitioners Versus 1. THE STATE OF BIHAR & 2. Tribhuwan Prasad Sharma, son of Late Bir Bhadra Prasad Sharma, resident of village- Dhudha Mathiya, P.S. Majhauliya, District- West Champaran …Opposite Parties ----------- 2/ 05.10.2010 Heard the parties. The petitioners seek quashing of the order dated 5.2.2009 passed by the Judicial Magistrate, 1st class, Bettiah, West Champaran, in Majhaulia P.S. case no. 142 of 2007, by which he has taken cognizance for the offence under sections 448, 341, 323, 379, 384, 504/34 Indian Penal Code. It has been submitted that the order of cognizance is bad since the parties are co-villagers and the police after investigation submitted final report under section 384 Indian Penal Code in the matter with regard to the petitioners. In my view, this can be no reason for interference with the order of cognizance which is perfectly valid since at the stage of cognizance all that has to be seen is whether a prima facie case is made out against the accused and the sections are immaterial. The application is dismissed. JA/- (Anjana Prakash, J.)