IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14061 of 2008 Kashi Singh , son of Late Udam Singh Birendra Kumar Singh, son of Sri Kashi Singh Ramyatan Singh son of late Modan Singh Rajiv Kumar,son of Sri Devenfra Singh, all resident of village- Sahebnagar, P.S- Gourichak, District- Patna Versus State Of Bihar Shailash Kumar @ Gorakh Singh, son of Jitendra Singh, resident of village- Sahebnagar, P.S- Gourichak, Dist- Patna. ----------- For the petitioner—Abhay Raj For the State --- Satyendra Narayan Singh APP 7 08.11.2011 This application, under Section 482Cr.P.C, is directed to quash the order dated 5.03.08 passed by the A.C.J.M, Patna City, Patna in Gourichak P.S.Case No. 56/07 whereby the learned A.C.J.M has taken the cognizance of the offence under Section 307/34 of the Indian Penal code and 27 of the Arms Act. Learned counsel appearing on behalf of the petitioner submits that the police on investigation has submitted the final form against the petitioners on further investigation but the learned A.C.J.M, illegally also summoned the petitioners along with other accused against whom the police had submitted the charge sheet taking the cognizance of offence under Section 307/34 I.P.C and 27 of the Arms Act. The learned counsel further submits that 2 witness Sanjay Singh is accused in a case lodged by the petitioner No. 1 Kashi Singh whereas witnesses Jitendra Singh, Raj Kishore Singh, Pramila Devi and Sunita Devi are interested witnesses as they are related to the informant but the learned A.C.J.M did not considered the same and illegally summoned the petitioner also. From perusal of the impugned order it appears that the learned A.C.J.M on perusal of the case diary and supplementary case diary arrived at conclusion that prima facie case for the offences under Section 307/34 of the Indian Penal Code and 27 of the Arms Act made out against all the accused persons named in the F.I.R. There is nothing in the impugned order to show the abuse of process of the court, as the Magistrate has power to differ with the conclusion arrived by the police and took the cognizance of offence on perusal of case diary and summoned the accused also against whom police submitted the final form. As such the application appears to be devoid of merit accordingly dismissed. Namita ( Rajendra Kumar Mishra, J.)