IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15284 of 2010 1. SURENDRA CHAUDHARY, SON OF LATE CHANDIKA CHAUDHARY 2. SANDIP CHAUDHARY, SON OF SURENDRA CHAUDHARY 3. SAROJ CHAUDHARY, SON OF SURENDRA CHAUDHARY ALL ARE RESIDENTS OF VILLAGE BHATAULIA, P.S. SARAIYA, DISTT. MUZAFFARPUR. 4. GUNJAN SINGH, SON OF JAY MANGAL SINGH, RESIDENT OF VILLAGE AND P.S. PAROO, DISTT. MUZAFFARPUR. ------ PETITIONERS. Versus 1. THE STATE OF BIHAR 2. BHUNESHWAR CHAUDHARY, SON OF LATE MAUJE LAL CHAUDHARY, RESIDENT OF VILLAGE BHATAULIA, P.S. SARAIYA, DISTT. MUZAFFARPUR. ------ OPPOSITE PARTIES. ----------- 2. 21.12.2010 Heard the parties. The petitioners have sought quashing of the order dated 29.3.2010 passed in Sessions Trial No. 877 of 2009 by Additional District & Sessions Judge, F.T.C. 3, Muzaffarpur arising out of Saraiya P.S. Case No. 207 of 2008, by which he has refused an application under Section 228 Cr. P.C. It has been submitted that even though no charge sheet was submitted under Section 307 of the Indian Penal Code but cognizance was taken under the said Section and even now, charge is sought to be framed under Section 307 of the Indian Penal Code. Since I do not find any reasonable ground for disagreeing with the order impugned seeing no merit in the same, the same is dismissed. However, the court below will consider that the 2 counter case instituted by the accused persons should also be tried by the same court. S.Ali ( Anjana Prakash, J.)