IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37447 of 2007 1. ASHOK YADAV , son of Sri Mishri Yadav, 2. Hemaraj Yadav 3. Mishri Yadav Both sons of Late Budhan Yadav 4. Radey Yadav Son of Sri Mishri Yadav All residents of village Gauhar Nagar, P.S. Sikandra, District – Jamui …… Petitioners Versus 1. STATE OF BIHAR 2. Kameshwar Paswan, Son of Late Pyare Paswan, resident of village Gauhar Nagar, P.S. Sikandra, District – Jamui … Opp. Parties ----------- 3 2.12.2008 Heard Mr. Prakash Mahto, learned counsel or the petitioners and Mr. Jharkhandi Upadhaya, the learned A.P.P. for the State. Although O.P. No. 2, the informant, has appeared by filing vakalatnama he and his accredited learned counsel are conspicuous by their absence at the time of hearing of this application. The petitioners are aggrieved by orders dated 26.6.2007 and 1.11.2003 passed by the learned Chief Judicial Magistrate, Jamui, in SC and ST (Munger Sadar) P.S. Case No. 20 of 2003 wherein cognizance under sections 341, 323, 307/34 I.P.C. , Section 27 of the Arms Act and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and has prayed for quashing of the same. On a query being made by the Court the learned counsel for the petitioners submits that the case has already been committed to the Court of Sessions for trial and where recently even charges have been framed. In that view of the matter it is too late in the day to test the - 2 - bonafides or otherwise of the order taking cognizance. There is no merit in this application and the same is dismissed with liberty to the petitioners to raise these issues at the appropriate time before the appropriate forum. Spd/- (Abhijit Sinha, J.)