IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.35064 of 2008 ====================================================== 1. Rajesh Yadav, Son of late Deoki Yadav 2. Sukham Yadav @ Sukhan Yadav, Son of Deo Sharan Yadav 3. Sanjay Yadav, Son of Late Deoki Yadav 4. Mohan Yadav, Son of Save Yadav 5. Mahanth Yadav, Son of Prabhu Yadav 6. Sharma Sahani, Son of Nathuni Sahani @ Shoma Sahani 7. Kishore Sahani, Son of Sharma Sahani 8. Prem Sagar Sahani, Son of Nathuni Sahani All are resident of Village Gorgawa, P.O. And P.S. Sugauli, District East Champaran. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 2 12-07-2011 The petitioners are aggrieved by the order dated 12.7.2005 taking cognizance for offences under Sections 147, 148, 149, 342, 323, 307 and 302 of the Indian Penal Code, passed by the Chief Judicial Magistrate, Motihari in Sugauli PS Case No. 135 of 2004. Learned counsel for the petitioners submits that the name of the petitioners did not transpire initially in the case diary. The petitioners were implicated on the basis of some enemies. The Investigating Officer of this case submitted final form as far as the petitioners are concerned whereas the Court has differed with the final form and taken cognizance in this case. It is also submitted that a compromise application has been filed by the informant exonerating the petitioners. Obviously the compromise would not be maintainable in view of the fact that it is a case under Section 302 of the Indian Penal Code. The informant always have the liberty to deny the role of the petitioners at the appropriate stage of the trial. For the present, this court finds that there is no illegality in the order impugned. This application is dismissed. Sanjay ( Sheema Ali Khan, J)