IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29349 of 2008 1. RANJEET KUMAR CHAUDHARY 2. SUBODH KUMAR 3. RAMBHA KUMARI ALL SONS AND DAUGHTER OF NARAD CHAUDHARY, RESIDENT OF VILLAGE BHERIHARWA, P.S. RAMGARHWA, DISTRICT EAST CHAMPARAN. ---- PERTITIONERS Versus STATE OF BIHAR ---- OPPOSITE PARTY ----------- 3 23.6.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by the order dated 10.3.2008, passed by the Sub-Divisional Judicial Magistrate, Raxaul at Motihar in Ramgarhwa P.S. Case No. 62 of 2004 (Sessions Trial No. 2431 of 2008) by which the Court has taken cognizance against the petitioners on submission of a supplementary charge sheet and supplementary case diary. The points raised on behalf of the petitioners are that the police could not have submitted the supplementary charge sheet, if any, further investigation was to be done. It could only be done by the Court’s order. The contentions of the petitioners are not correct inasmuch as the charge sheet was submitted and the 2 petitioners were shown to be absconding. Thereafter on investigation material came against them and thus the supplementary charge sheet was submitted. The second point raised on behalf of the petitioner is that it is belated and has been done after four years. It is further submitted that the petitioners at the time of occurrence were school going children and, therefore, their involvement in the said occurrence is unbelievable and the allegations made against them are nothing but malicious in nature. All these aspects of the matter would be considered at the time of framing of charges. If the petitioners are raising the point that the present petitioners were minors at the time of the occurrence, they would have the liberty to raise this issue before the Court below at any stage within a period of three months on receipt of a copy of this order. At the present, I am not inclined to interfere with the order of cognizance as there appears to be no error in the said order. This application is dismissed. Sanjay (Sheema Ali Khan, J.)