Patna High Court Cr.Misc. No.9318 of 2008 (4) dt.08-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9318 of 2008 1. Chhabi Nath Mishra, S/O Latedhanuk Raj Mishra. 2. Rakesh Kuamr Mishra, S/O Sri Chabi Nath Mishra. 3. Prabhu Nath Mishra, S/O Late Dhanuk Raj Mishra. 4. Babulal Mishra, S/O Late Vidya Ratan Mishra. 5. Raju Mishra, S/O Chhabi Nath Mishra. 6. Anil Mishra, S/O Prabhu Nath Mishra. All are R/O Vill- Karahsi, P.S.- Buxar (Mufassil), Distt- Buxar. .... .... Petitioners Versus 1. State of Bihar. 2. Suryanath Prasad, S/O Late Gupteshwar Prasad, Chourasia, R/O Vill- Karhansi, P.S. Buxar (Muffasil), Distt- Buxar. .... .... Opposite Parties ====================================================== For the Petitioners : Mr. Subodh Kumar Jha, Adv. Mr. Amrendra Kumar, Adv. For the Opposite Parties : Mr. Jharkhandi Upadhayay, Adv. ====================================================== 4 08-09-2011 The petitioners have filed this application for quashing the order dated 28.11.2007 passed by the learned Chief Judicial Magistrate, Buxar, in Buxar(Mufassil) P.S. Case No. 158 of 2006, wherein the learned Chief Judicial Magistrate has taken cognizance for the offence under Sections 447, 323, 379/34 of the Indian Penal Code against the accused- petitioners. The learned counsel appearing on behalf of the Patna High Court Cr.Misc. No.9318 of 2008 (4) dt.08-09-2011 petitioners submits that Buxar (Mufassil) P.S. Case No. 158 of 2006, dated 23.11.2006 lodged by the O.P. No. 2 Suryanath Prasad is a counter blast of Buxar (Mufassil) P.S. Case No. 156 of 2006, dated 22.11.2006 instituted on the basis of F.I.R. of the petitioner Rakesh Kumar Mishra, under Sections 147, 148, 149, 323, 379 and 382 of the Indian Penal Code. As such the O.P. No. 2 has lodged present false case against the petitioners only in defence of the said case filed by the petitioners to harass. The impugned order shows that after filing the Final Report by the police in Buxar (Mufassil) P.S. Case No. 156 of 2006 as lodged on the basis of information of O.P. No. 2. The C.J.M., Buxar took cognizance of the offence under Sections 447, 323,379/34 of the Indian Penal Code on perusal of the case diary. It is specific mentioned in the impugned order that in paragraphs 5, 7, 8, 9 and 10 of the case diary, there is evidence against the accused-petitioners. On submitting the Final Report by police under Section 173(2) of the Cr.P.C., the Magistrate has power either to accept the Final Report or to take the cognizance of offence on perusal of materials of the case diary. There is nothing in the impugned order dated 28.11.2007 to show the abuse of the process of the court. Accordingly, this application stands dismissed. However, the petitioners would be at Patna High Court Cr.Misc. No.9318 of 2008 (4) dt.08-09-2011 liberty to raise all the issues, raised herein, at the appropriate stage during the course of trial. Bhardwaj/- (Rajendra Kumar Mishra, J)