IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7104 of 2010 MD.ZAINU @ ZAINUL ABDIN, SON OF MD. MOIN, RESIDENT OF VILLAGE SAIDPUR, P.S. MATIHANI, DISTRICT BEGUSARAI. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 6.5.2010 A case was instituted numbered as Matihani P.S. Case No. 65 of 2007, G.R. Case No. 2045 of 2007. Charge sheet was submitted in this case on 26.11.2007. After further investigation the police submitted Final Form No. 140 of 2007. Lastly another Final Form was also submitted on 28.2.2008 being Final Form No. 23 of 2008. Learned counsel for the petitioner submits that the first charge sheet was submitted againt Sahre Alam @ Sajo and Md. Ishtzaque. Final Form No. 140 of 2007 was submitted against Md. Sofiyan whereas others were not sent up for trial. The order dated 1.3.2008 indicates that the charge sheet has been submitted against Md. Sofiyan, Ishtzaque and Zainu. Learned counsel for the petitioner submits that Final Form numbered as 140 of 2007 does not show Ishtzaque and Zainu in the column of the accused and there appears to be an error in including them in the accused column. The original case had been transferred to the Judicial Magistrate, 1st Class, Begusarai for commitment after cognizance. This aspect of the matter as to whether the two aforesaid persons are accused or not has to be determined by the Court of the Chief Judicial Magistrate who has apparently taken cognizance in this case on the submission of the second charge sheet. 2 This application is thus disposed of with a direction to the Judicial Magistrate, 1st Class, Begusarai to transfer the file back to the Chief Judicial Magistrate, Begusarai in G.R. Case No. 2045 of 2007 for determination as to whether Ishtzaque and Zainu are also included as accused in the Final Form and whether the Court has taken cognizance against these two persons or not ! Sanjay (Sheema Ali Khan, J.)