IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47760 of 2008 1. Jabir Rai, Son of Sri Laxman Rai. 2. Jagdish Rai, Son Sri Laxman Rai. 3. Laxman Rai, Son of Chulhai Rai. 4. Munna Rai @ Munna, Son of Shankar Rai. 5. Vijay Paswan @ Vijay, Son of 6. Pappu Bansfor @ Pappu, Son of Raj Kumar Bansfor. 7. Madan Rai, Son of Chulhai Rai. 8. Pradip Rai, Son of Laxman Rai. All are residents of Village Ilal Basti, PS Thakurganj, District Kishanganj --- Petitioners Versus 1. The State Of Bihar. 2. Manju Devi, Wife of Rampravesh Prasad, Resident of Village Thakurganj, PS Thakurganj, District Kishanganj ---- Opposite Parties. ----------- 2 5.8.2011 Learned counsel for the petitioners states that he has been instructed by his client that after the order of cognizance dated 22.9.2006, the case has not progressed in any manner. Counsel for the petitioners submits that for the same offences and between the same parties, a First Information Report was instituted which is numbered as Kishanganj (Thakurganj) Rail P.S. Case No. 16 of 2006 dated 3.4.2006. Taking into consideration the provisions of Section 210 of the Code of Criminal Procedure, I quash the order of cognizance dated 22.9.2006, passed in Complaint Case No. 289(C) of 2006 subject to the fact that the case is beyond the point of taking cognizance and remand the matter to the Court 2 concerned to take into account this fact and after hearing the parties, pass appropriate orders. This application is allowed to the extent aforesaid. Counsel for the petitioners is directed to produce a copy of this order before the Court concerned within a period of one month from the date of receipt of a copy of this order failing which this application shall stand dismissed. Sanjay (Sheema Ali Khan, J.)