IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19075 of 2010 1. KARTIK SAO S/O LATE KESHO SAO 2. JITENDRA SAO @ JITENDRA KUMAR 3. FULO SAO @ UPENDRA KUMAR GUPTA, BOTH SONS OF KARTIK SAO, ALL RESIDENTS OF VILLAGE + P.S. HISUA, DISTRICT NAWADA …. PETITIONERS Versus THE STATE OF BIHAR ----------- 2. 11.2.2011 The petitioners have prayed for quashing the order dated 13.10.2009 passed by the Chief Judicial Magistrate, Nawada in Hisua P.S. case No.38 of 2007, by which he has taken cognizance u/s.302/34 I.P.C. It has been submitted on behalf of the petitioners that the informant during investigation resiled from his earlier statement and stated that the deceased had died on account of accident caused in backing of a vehicle. The further submission is that on account of these statements the police had filed the final report and, therefore, the court below should not have taken cognizance in the matter. However, on going through the first information report, I find that there is direct allegation against the petitioners of having participated in assaulting the deceased, on account of which he died and, therefore, I am not inclined to interfere in the matter. The application is dismissed. Narendra/ ( Anjana Prakash, J. )