IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3480 of 2009 RAM RATAN SINGH S/O HIRSHDEO PRASAD SINGH Versus STATE OF BIHAR ----------- 2. 02.08.2010 The petitioner seeks quashing of the order dated 5.4.2007 passed in G.R.NO. 28/2004 arising out of Kalyanpur P.S. Case No. 05/2004 passed by the learned Chief Judicial Magistrate, Samastipur by which he has disagreed with the final report and taken cognizance under Sections 307, 326, 120-B/34. The case of the prosecution was that during the course of assault, the petitioner fired at the neck of the injured. However after due investigation final report was submitted in the matter. The Magistrate disagreeing with the same has taken cognizance and in the submission of the learned counsel for the petitioner, it is erroneous since from the case diary, it is evident that the petitioner has been falsely implicated and also that the First Information Report was unduly delayed on the pretext that the injured was unconscious even though he sustained simple injuries. Further submission is that no independent witness has supported the prosecution case. - 2 - In my view, this is no ground for quashing the order of cognizance, since it is well within the powers of the Magistrate to disagree with the Final Report and take cognizance on perusal of the materials in the case diary. In view of such, this application stands dismissed. Fahad. (Anjana Prakash, J)