IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.30432 OF 2008 1. SUNIL MAHTO, SON OF SHRI SHIVNATH MAHTO 2. KARU RAM, SON OF SHRI THAKURI RAM 3. ASHTHAMA MATHO, SON OF LATE DEVNATH MATHO 4. KALLU PRASAD, SON OF LATE RAMKRIT MAHTO 5. BALMIKI PRASAD, SON OF SHRI BHARAT MAHTO 6. ANIL KUMAR, SON OF LATE RAM BABU PRASAD ALL RESIDENT OF VILLAGE AND POST BHAISWAN, POLICE STATION MASAURHI, DISTRICT PATNA 7. LAL BIHARI YADAV, SON OF SHRI CHARITA YADAV 7. SHANKAR DAYAL SINGH, SON OF SHRI BHARAT SINGH 7 AND 8 RESIDENT OF VILLAGE DARIYAPUR, POLICE STATION MASAURHI, DISTRICT PATNA CHHATUPAL PRASAD @ CHHATRUPAL BHAGAT, SON OF LATE SARJU BHAGAT, RESIDENT OF VILLAGE HASANPURA, POLICE STATION MASAURHI, DISTRICT PATNA ……………………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. RAGHVENDRA KUMAR, SON OF LATE JANAKDEO SINGH, RESIDENT OF VILLAGE AND POST BHAISWAN, POLICE STATION MASAURHI, DISTRICT PATNA …………………………………………………………………….OPPOSITE PARTIES ********* 2 24/06/2011 Heard Mr. Upendra Kumar, Counsel for the petitioners and Mr> Jharkhandi Upadhyay, A.P.P. appearing on behalf of the State. The petitioners are aggrieved by the order dated 23.02.2008 passed in Masaurhi Police Station Case no. 38 of 2006 by which the Judicial Magistrate, 1st Class, Patna City has taken cognizance for the offences alleged to have been committed under Sections 302, 120B/34 & 379 of the Indian Penal Code and Section 27 of the Arms Act. Counsel for the petitioners submits that final 2 form was submitted against the petitioners without there being any allegation of overt act against them. The Court below has differed with the findings of the Investigating Officer and has taken cognizance against these petitioners. I do not find any illegality in the impugned order as the Court below can differ with the findings of the Investigating Officer. The Court below has found that all the 11 accused persons were the members of the mob and as such, the Court below has taken cognizance against all the 11 accused persons. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )