IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17554 of 2008 RAJEEV KUMAR SON OF KRANTI KUMAR SINGH, RESIDENT OF VILLAGE:SKARDAS NAWADA, P.S.WAZIRGANJ,DISTRICT-GAYA. ………PETITIONER. Versus 1.THE STATE OF BIHAR 2.SANJAY SINGH SON OF LATE MUNSHI SINGH, RESIDENT OF VILLAGE- PIPRA, P.S. WAZIRGANJ, DISTRICT- GAYA. ….O.P. ----------- 2 31.3.2011 Heard the parties. The petitioner has sought quashing of the order dated 14.2.2008 passed by the C.J.M., Gaya, in Kotwali P.S. Case No.209/03 corresponding to G.R. No.2025/03/ Tr.No.1184/08 by which the Magistrate has disagreed with the final report and taken cognizance under sections 341,324 and 307/34 of the I.P.C. and section 27 Arms Act and issued non-bailable warrant of arrest against the petitioner. It has been submitted that during course of investigation no independent witness has supported the prosecution case whereas chargesheet has been submitted against unknown accused despite which the court took cognizance. It is really unfortunate that even though the present case was instituted on 14.9.2003 the investigation was kept 2 pending for five years and another two years later cognizance was taken. Considering that the petitioner was named in the First Information Report I see no reason to set aside the order of cognizance. This application is dismissed. Anilkr.sinha (Anjana Prakash,J.)