IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11774 of 2008 JAI RAM SINGH & ANR Versus STATE OF BIHAR ----------- 02. 05.05.2010 Heard learned counsel for the petitioners and the State. The present application has been filed for quashing the order of cognizance dated 12.02.2008 passed by the learned Judicial Magistrate, Ist Class, Gaya in Tekari P.S. Case No. 196 of 2008 whereby the cognizance has been taken under Sections 147, 148, 149, 323, 307, 448, 504 of the I.P.C. and Section 27 of the Arms Act. It is submitted by the learned counsel for the petitioners that petitioners are not named in the F.I.R. but subsequently the charge-sheet was submitted against them without any cogent material against them in the entire case diary whereas final form was submitted against the F.I.R. named accused persons against whom there are specific allegations and the evidences have also come against them. It is also contended by the learned counsel for the petitioners that the learned Magistrate mechanically passed the impugned order little realizing that the persons who are named in the F.I.R. and the evidences have been collected against them but neither they have been chargesheeted nor cognizance has been taken whereas against petitioners 2 cognizance was taken without any material on record. Through the supplementary affidavit, it has been brought on record that the matter has not proceeded further after cognizance level. From perusal of the impugned order, it appears that the cognizance order has been passed by the learned Magistrate on the basis of the supervision notes of the Supervisory Officer but no specific material has been referred in this regard. Since cognizance has been taken, I am not inclined to interfere at this stage. However, petitioners are at liberty to raise both the contentions i.e. that no case is made out against them and the persons against whom there are materials on record, cognizance has not been taken at the time of framing of charge. It is expected that the discharge application may be considered by the learned Trial Court in view of the observations recorded above. With the aforesaid observations, the application stands disposed of. Shageer (Dinesh Kumar Singh, J.)