IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4567 of 2007 RAMASHRAI YADAV & ANR Versus STATE OF BIHAR ----------- 8. 6.5.2008 Heard learned counsel for the petitioners as well as the State. This application under Section 482 Cr.P.C. has been filed for quashing of the order dated 5.1.2007 passed Additional Sessions Judge, Rosera, Samastipur in Sessions Trial No. 259 of 2006 thereby the petition filed by petitioners under Section 227 Cr.P.C. has been rejected. The submission of learned counsel for the petitioners is that in the course of investigation not a single independent witness has supported the complicity of these petitioners in the alleged crime. Accordingly, police after investigation submitted final form against these petitioners. However, court below differing from the opinion of I. O. took cognizance against these petitioners. Considered the submission of learned counsel for the petitioners and perused the record. The admitted fact is that petitioners are named in the FIR and as per the allegation levelled in the fardbeyan, they are assailants of deceased-persons. It is a case of murder of two persons. Informant is the eye witness of the occurrence. In the course of investigation, informant in his restatement has also supported the allegation levelled against these petitioners. Thus, having regard to the facts and circumstances of this - 2 - case, I am not inclined to interfere in the impugned order. Accordingly, this application is rejected. kanchan (Ghanshyam Prasad, J.)