IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10088 of 2010 BIJOY SINGH, son of Shri Dashrath Singh, Resident of village + P.O.- Wolipur, P.S.-Pipariya, District- Lakhisarai ….Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 06.12.2010 Heard the parties. The petitioner has sought quashing of the order dated 25.10.2008 by which the Chief Judicial Magistrate, Lakhisarai, has taken cognizance under sections 364, 302 and other allied sections of the Indian Penal Code in Lakhisarai P.S. case no. 48 of 1991. The said order was affirmed by the Sessions Judge, Munger, in Cr. Revision No. 350 of 2008 by order dated 06.01.2010. It has been submitted that even though the petitioner is named in the First Information Report as the direct assailant of the deceased but the informant did not support her case even in the further statement nor did the witnesses. On account of this, a final report was submitted in the matter, but differing with the same the Magistrate has taken cognizance. Learned counsel for the petitioner submits that the Magistrate has no power to differ with the final report and, therefore, he committed a patent illegality. It is well established principle that it is well within the power of the Magistrate to disagree with the content of the chargesheet/ final report and, therefore, the Magistrate has committed no illegality. The application is dismissed with direction to the court - 2 - below to immediately commence the trial since it is already delayed for about nineteen years. JA/- (Anjana Prakash, J.)