IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.16160 of 2010 MITHILESH DAS son of late Gango Das, resident of village- Gurmha, P.S. Muffasil, District- Nawada ….Petitioner Versus 1. THE STATE OF BIHAR & 2. Surendra Das son of Ruapu Das, resident of village- Gurmha, P.S. Muffasil, District- Nawada …Opposite Parties ----------- 2/ 07.01.2011 Heard the parties. The petitioner has sought quashing of the order dated 20.03.2010 passed by the Chief Judicial Magistrate, Nawadah, in Muffasil P.S. case no.65 of 2009 by which he has taken cognizance under section 302/34 Indian Penal Code and issued summon even against the petitioner who was not chargesheeted. The petitioner is aggrieved since during investigation it transpired that the petitioner was not involved in the occurrence which fact was not considered by the Magistrate concerned. On going through the First Information Report, I find that the petitioner is named in the First Information Report as one of the persons, who participated in the occurrence and, therefore there was enough reason to take cognizance in the matter. The application is dismissed. JA/- (Anjana Prakash, J.)