IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17449 of 2010 RAGHVENDRA PRASAD SINGH S/O SRI UDAY CHANDRA PRASAD SINGH R/O VILLAGE GHATARO, P.S.- KARTAHAN, DISTRICT- VAISHALI ……………… Petitioner Versus 1. THE STATE OF BIHAR 2. RAGHUVIR SINGH S/O SHYAM SUNDAR SINGH 3. JAI PRAKASH SINGH S/O JAGDISH SINGH BOTH R/O VILLAGE GHATARO, P.S. KARTAHAN (LALGANJ) DISTRICT- VAISHALI ……………….Opposite Parties ----------- 2. 13.01.2011 Heard the parties. The petitioner, who is informant, is aggrieved by the order dated 15.12.2009 passed by the Chief Judicial Magistrate, Vaishali at Hajipur in Lalganj P.S. Case no. 270 of 2005, by which he accepted the final report with regard to the petitioner no. 2 and not taken cognizance under Section 307 I.P.C. in the case. Since it is well within the powers of the Magistrate to pass any order on submission of the charge sheet, I do not see any illegality in the order impugned and refuse to interfere in the same. However, if at a subsequent stage, there is any evidence forthcoming with regard to Jai Prakash Singh the court would be at liberty to proceed against him. Further, whether the Section 307 I.P.C. is made out or not may also be considered at the appropriate stage. With these observations the application is disposed off. Fahad. ( Anjana Prakash, J. )