IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.562 of 2009 SATYENDRA MISHRA @ SATYENDRA KUMAR MISHRA & ORS Versus STATE OF BIHAR & ANR ----------- 3. 26.3.2010 It was informed by Shri Ganesh, learned counsel for the petitioners that the police has submitted charge sheet and that charge sheet has been brought on record by filing a supplementary affidavit. It was further contended that the learned Magistrate has passed the order of summoning after due application of his judicial mind. The present petition was filed so as to seeking quashing of the F.I.R. in Phulwarisharif P.S.Case No. 156 of 2007 under Sections 494, 498(A) 120(B) of the Penal Code. The principles on such prayer are too well known to be stated that if any offence is disclosed by the facts stated in the F.I.R., no court could quash the prosecution or the F.I.R. simply for the reason that that will tantamount to interfering with the powers of the police to investigate cognizable offence. However, now when cognizance has been taken, the petitioners could have the opportunity of agitating the issues of double jeopardy, as was submitted before me to be the case, in favour of the petitioners at the time of framing of the charges and that shall be considered by the Magistrate seized with the matter. With the above observation, the petition is dismissed. Kanth ( Dharnidhar Jha, J.)