IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31186 of 2009 1. MANORAMA DEVI, WIFE OF SHAMBHU NATH SINGH 2. MADHURI DEVI, WIFE OF GOPAL SHARMA 3. KRISHNA KANT KUMAR @ PANKAJ KUMAR, SON OF SHAMBHU NATH SINGH ALL RESIDENTS OF VILLAGE NIMRA, P.O. PANDITGANJ, P.S. DHANARUA, DISTRICT PATNA. ---- PETITIONERS Versus 1. BRAJ KISHORE SHARMA, SON OF LATE BHUNESHWAR PRASAD SINGH, RESIDENT OF VILLAGE NIMRA, P.S. DHANARUA, DISTRICT PATNA. 2. THE STATE OF BIHAR. ---- OPPOSITE PARTIES ----------- 3 7.1.2010 Learned counsel for the petitioners submits that the order of cognizance dated 20.2.2007 passed in Dhanarua P.S. Case No. 165 of 2006 by the S.D.J.M., Masaurhi, Patna is bad on the ground that the Court could not have differed with the opinion of the Officer Incharge and taken cognizance against the petitioners. The submissions made on behalf of the petitioners in my opinion are without any legal basis. The Court below has the right to differ with the findings of the Investigating Officer and take cognizance after pursuing the case diary. The order impugned indicates that the Court has pursued the case diary and taken evidence which is in accordance with law. This application is dismissed. Sanjay (Sheema Ali Khan, J.)