IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25615 of 2007 1. Ramlakhan Mahto. 2. Raghunandan Mahto. 3. Ganga Ram Mahto. 4. Daulat Mahto. 1 to 4 S/o Late Mishri Mahto. 5. Triveni Paswan S/o Jamun Paswan. All resident of Village Bagban, P.S. Bakhari, Distt. Begusarai. ------ Petitioners Versus 1. The State of Bihar. 2. Chamru Mahto, S/o Late Budhu Mahto. R/o Vill. Bagban, P.S. Bakhari, Dist. Begusarai. ----- Opposite Parties ----------- 5 6.8.2009 Heard counsel for the petitioners. The prayer of the petitioners before the court below for passing a final order on the final form filed by the police with a recommendation for action against the informant seems to be wholly misconceived, inasmuch as, the petitioners being named persons in the First Information Report with certain allegation does not become accused with a right to be heard by the court below till order of cognizance is passed against them. Admittedly, no cognizance of the offence has been taken by the court below and consequently, the entire effort of the petitioners to challenge the protest petition seems to be not only misconceived but malafide. 2 That being so, this application is wholly misconceived and the same is hereby dismissed. Rsh (Mihir Kumar Jha, J.)