IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10032 of 2010 1. DAYA NAND CHOUDHARY 2. NARESH CHAUDHARY BOTH SONS OF CHANDO CHAUDHARY 3. CHANDO CHAUDHARY, SON OF LATE KARU PASI ALL RESIDENT OF VILLAGE MADHEPUR, P.S. PAKRI BARAWAN, DISTT. NAWADAH -------- PETITIONERS Versus 1. THE STATE OF BIHAR 2. NAND KISHOR RAWANI, SON OF LATE DAHU RAM, RESIDENT OF VILLAGE MADHEPUR, P.S. PAKARI BARAWAN, DISTT. NAWADAH ------ OPPOSITE PARTIES. ----------- 2. 03.12.2010 Heard the parties. The petitioners have sought quashing of the order dated 27.10.2009 by which the Chief Judicial Magistrate, Nawadah has taken cognizance even under Section 307 of the Indian Penal Code in Pakri Brawan P.S. Case No. 35 of 2008 even though no charge sheet has been submitted under Section 307 of the Indian Penal Code. It is well established that the Magistrate can apply his judicial mind into the facts of the case and take cognizance differing with the Police, I am not inclined to interfere in the matter. The application is dismissed. S.Ali ( Anjana Prakash, J.)