IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36395 of 2007 MD.BIRBAL & ANR Versus STATE OF BIHAR ----------- For the petitioner : Mr. Amir Alam, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. ----- 3 25.11.2008 Heard learned counsel for the petitioners who have prayed for quashing of order dated 4.4.2007 passed by the learned Chief Judicial Magistrate, Madhubani in Pandaul P.S. Case No. 106 of 2006, whereby differing with the final form submitted by the police he has taken cognizance against the petitioners for offences under sections 302, 341 and 323/34 IPC which is unwarranted. The point raised by the learned counsel for the petitioners is no res integra in view of a catena of decisions of the Apex Court including Raghubansh Dubey Vs. The State of Bihar (AIR 1967 SC 1167), Hareram Satpathy Vs.Tikaram Agrawal (AIR 1978 SC 1568), Nagawwa Vs. Veeranna (AIR 1976 SC 1947) and India Carat (P) Ltd. V. State of Karnataka, reported in (1989) 2 SCC 132. However, liberty is granted to the petitioners to raised all these issue at the time of framing of charges. With the aforesaid liberty granted to the petitioner this application is disposed of. Spd/- (Abhijit Sinha, J.)