IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56246 of 2007 Kishori Paswan, son of Gandhari Paswan, village Kubra Bigha, PS Noor Sarai, District Nalanda – petitioner. Vs. 1)The State of Bihar, 2)Kishori Paswan, son of Dahu Paswan, village Chorsua, PS Giriyak, district Nalanda – opp. parties. 2 1.4.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 8.10.2007 passed by the Chief Judicial Magistrate, Nalanda, Bihar Sharif in Giriyak PS Case No. 75/2007 by which cognizance for the offences under sections 302, 201/34 of the Penal Code has been taken. The petitioner is a teacher of Middle School, Narari. The FIR has been instituted by the Chowkidar against unknown. The deceased had obtained appointment as Shiksha Mitra but his letter of appointment was cancelled. One Neelam Kumari was appointed as Shiksha Mitra. Learned counsel for the petitioner submits that there is no material or substantial evidence in the case diary to connect the petitioner with the said occurrence as the petitioner has no connection with the appointment of Shiksha Mitra or for that matter with the cancellation of appointment. All these facts can be raised at the stage of framing of charges. The court below will examine whether there is any specific material in the case diary showing involvement of the petitioner. This court is not inclined to interfere with the impugned order. 2 This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)