IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46166 of 2009 1. ARVIND SINGH S/O SHRI DASHRATH SINGH R/O VILL.+P.O.- WOLIPUR, P.S.- PIPARIYA, DISTT.- LAKHISARAI Versus 1. THE STATE OF BIHAR ----------- 3/ 05/04/2010 Heard learned counsel for the petitioner and learned counsel for the State. The informant was the mother of the deceased. The petitioner was one of the seven named accused. She claimed herself to be an eye-witness to the assault. Learned counsel for the petitioner submits that after investigation final report was submitted in 1995 when the petitioner was not sent up for trial. Contrary to the same cognizance has been taken against the petitioner also on 25.10.2008. If final form had been submitted, notice was issued to the informant and then it was accepted in accordance with law, the petitioner stood discharged, only in that event can any fresh order of cognizance dated 25.10.2008 be assailed. The fundamental pleadings in the application are lacking with regard to the final orders that may or may not have been passed on the police report submitted in 1995. This Court is not persuaded to speculate at 2 this stage on the fate of the final report of 1995 to interfere with the order of cognizance which prima facie at this stage appears to be correct. This Court finds no merit in this application. It is accordingly dismissed. KC/ ( Navin Sinha, J.)