IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.35637 of 2008 ============================================= 1. Nagendra Ray Son of Late Jhagru Ray. 2. Rajesh Kumar Ray Son of Ram Kishun Ray 3. Ramayan Ray Son of Late Mangru Ray all resident of village- Bojhi Bhualpur, P.S. Marhowrah, Distt. Saran. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. 2 13-07-2011 Learned counsel for the petitioners is permitted to add the complainant as Opposite Party No.2. Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. Learned counsel for the petitioners submit that in the year 2004, the petitioners had filed Marhaura P.S. Case No. 193 of 2004 in which it has been alleged that Daroga Rai, Bijesh Rai, Yogendra Rai and Ramnath Rai were responsible for the death of his son. The present complaint has been filed by Rajesh Rai who is the son of Shanker Rai. His brother is an accused in the case of murder. The complaint petition was sent to the police for investigation and after investigation police reported the case false and recommended that the Court should proceed under Section 182, 211 of the Indian Penal Code. On the basis of protest petition, this case has been instituted. This Court finds that the petitioners have tried to make out a case which would indicate the reasons of the false implication of the petitioners in the present case. It has been submitted that once the officer-in-charge has come a finding that the case is false and recommended that steps may be taken under Section 182, 211 of the Indian Penal Code against the petitioners, the Court ought to have taken cognizance and thereafter considered the protest petition. Be that as it may, all these aspect of the matter would be considered by the Court at the relevant time, at present this Court does not find any illegality in the procedure by which cognizance has been taken in this case. This application is disposed off with the aforesaid observation. Md. Ibrarul/- ( Sheema Ali Khan, J)