IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25808 of 2008 SANTOSH KUMAR Versus THE STATE OF BIHAR & ANR ----------- 2 6.5.2010 KHAN The petitioner prays for quashing the order dated 3.4.2008 passed by the Railway Judicial Magistrate, Sonepur in Railway P.S. Case No.34 of 2007, G.R.No.113/07 and Trial No.1662 of 2008 whereby he has taken cognizance under sections 147, 353, 323, 379, 427, 504, 224 of the Penal Code against the petitioner. The petitioner submits that the police has submitted final form and the learned Magistrate has not indicated that it is differing from the final report submitted by the police. In the circumstances, the impugned order taking cognizance is set aside and the matter is remitted to the learned Magistrate for fresh adjudication on the point of cognizance against the petitioner in accordance with law. In the result, this application is allowed. (S.P.Singh,J)