IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.21869 of 2008 1. PUNDEO RAI, & 2. Chandrika Rai, both sons of Munshi Rai, Resident of village- Chhapra, Police Station- Baikuntpur, District- Gopalganj …Petitioners Versus THE STATE OF BIHAR …OP ----------- For the petitioners : Mr. Shakil Ahmad Khan, Sr. Advocate with Mr. Zeyaul Hoda, Advocate For the State : A. P. P. ------------ 2/ 21.04.2011 Heard the parties. The petitioners have prayed for quashing the order dated 06.05.2008 passed in Criminal Revision No.532 of 2007, by which the Sessions Judge, Gopalganj, has affirmed the order dated 22.03.2007 passed by the Judicial Magistrate, 1st class, Gopalganj, in G.R. No.1913 of 2006 (Trial No.3250 of 2007). It has been submitted that the petitioners were named in the First Information Report, but subsequently, they were not chargesheeted and the learned Judicial Magistrate differed with the final report in their regard and issued summons to them. Meanwhile, other accused were put on trial and they were acquitted since none of the witnesses supported the case of the prosecution and, in fact, stated that the deceased died on account of epilepsy. On this ground, the petitioner now seeks quashing of the order of cognizance. Since it is well understood that the final result as to whether the accused is guilty or not is dependant on the evidence to be adduced in trial appertaining to that accused, I cannot possibly 2 look into the evidence adduced in the trial of the co-accused. The application is dismissed. JA/- (Anjana Prakash,J.)