IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39325 of 2007 1. VIVEKA NAND SHARMA , Son of Late Kishun Singh 2. Jagdish Sharma, Son of Late Kishun Singh 3. Leela Devi alias Leela Sharma wife of Jagdish Sharma All are residents of Village-Saray, P.S. Maner, and District-Patna -------------------- Petitioners Versus 1. THE STATE OF BIHAR 2. Baby Sinha, Wife of Viveka Nand Sharma, resident of Village- Saray, P.S. Maner, and District-Patna ---- Opp.Parties. ----------- 05 18-11-2010 Today again, on call none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment. On 16.11.1020 also none appeared on behalf of the petitioners on call of the case. However, Sri Sanjay Kumar, learned counsel for Opp.Party no.2 and Sri Mukeshwar Dayal learned Addl.Public Prosecutor for the State were present. Today again in absence of any representation on behalf of the petitioners, both Sri Sanjay Kumar, learned counsel for Opp.Party no.2 and Sri Mukeshwar Dayal, learned Addl.Public Prosecutor are present. Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 1.5.2007 passed by learned Sub Divisional Judicial Magistrate, Danapur,Patna in Maner P.S. Case No.251 of 2006. By the said order, learned Magistrate has taken cognizance of offence under Section 498A and 34 of the Indian Penal Code. Petitioner no.1 is the husband of Opp.Party no.2, whereas petitioner no.2 is brother of petitioner no.1 and petitioner no.3 is the wife of 2 petitioner no.2. It has been submitted by Sri Sanjay Kumar that on the basis of written report submitted by Opp.Party no.2 before the Officer Incharge of Maner Police Station an F.I.R. vide Maner P.S. Case No.251 of 2006 was registered for the offence under Section 498A/34 of the Indian Penal Code. It was submitted that after collecting sufficient materials, the police submitted chargesheet and the learned Magistrate has taken cognizance of the offence. It has been submitted that the learned Magistrate has rightly taken cognizance of offence. Sri Mukeshwar Dayal, learned Addl.Public Prosecutor appearing on behalf the State has supported the stand taken by learned counsel appearing on behalf of Opp.Party no.2. I have perused the impugned order and I do not find any defect in the impugned order. Accordingly, the petition stands rejected. Let a copy of this order be sent to the court below forthwith. NKS/- ( Rakesh Kumar, J.)