IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55455 of 2007 1. GAURI TIWARY @ GAURI SHANKAR TIWARY SON OF LATE BABULAL TIWARY, 2. SUMIT TIWARY @ DIPU TIWARY SON OF SRI JALESHWAR NATH TIWARY, BOTH RESIDENT OF VILLAGE-TAJPUR, P.S. DHANSOI, DISTRICT-BUXAR. -PETITIONERS Versus 1. THE STATE OF BIHAR 2. ANIL TIWARY @ MUNNA TIWARY SON OF SRI BADRI NARAIN TIWARY, RESIDENT OF VILLAGE-TAJPUR, P.O. KAKARIA, P.S. DHANSOI, DISTRICT-BUXAR. -OPPOSITE PARTY FOR THE PETITIONER : MR. SUMANT SINGH FOR THE STATE ; MR. NITYANAND TIWA4Y 2 07.04.2010 Heard learned counsel for the petitioner and State. This application is under Section 482 of the Code of Criminal Procedure seeking quashing of the order dated 20th September, 2007 passed by the Chief Judicial Magistrate, Buxar, taking cognizance for the offences under Sections 447, 323, 324, 307, 504, 34 of the Indian Penal Code and 27 of the Arms Act in Dhansoi P.S. Case no. 17 of 2006. During the course of argument, it is submitted 2 that petitioner no.1, Gauri Tiwary @ Gauri Shankar Tiwary, having only allegation of abusing, expired in the month of June, 2008 but learned counsel for the petitioner has no document in support of this. If petitioner no.1 is now no more this point may be placed before the Court below who shall pass appropriate order after considering materials in support thereof. It is further submitted that petitioner no.2, Sumit Tiwary @ Dipu Tiwary, though carries evasive allegation of abuse and assault but there is no specific allegation against him. Such matters may be thoroughly considered at appropriate stage before the trial Court, preferably at the stage of hearing on the point of charge, if trial has not commenced. With this observation, this application stands disposed of at this stage. (Akhilesh Chandra, J.) AAhmad