IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36077 of 2008 1. Shatrudhan Prasad son of Mansi Sah. 2. Jitendra Sah son of Mansi Sah. 3. Madhava Lal Prasad @ Madhawa Prasad son of Late Ram Balak Mahto. All resident of village North Husaini P.S. Dumariya Ghat, District- East Champaran. … Petitioners Versus 1. The State Of Bihar. 2. Urmila Devi wife of Sajawal Mahto, resident of village North Husaini P.S. Dumariya Ghat, District- East Champaran. ----------- 2. 15.07.2011. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. This application has been filed challenging the order of cognizance dated 02.06.2008 passed by the Sessions Judge, East Champaran, Motihari. Learned counsel for the petitioner submits that after investigation, Investigating Officer came to the conclusion that the petitioner was not involved in this case after scrutinizing the evidence of all the witnesses. The Court below has differed with the finding of the Investigating Officer and taken cognizance in this matter. There is no illegality in the order impugned of Chief Judicial Magistrate, Motihari and he has the power to differ with the finding of the Officer-in-Charge and take cognizance in this case as there is evidence in the case diary to support the allegation. On perusal of the order impugned, this Court finds that Chief Judicial Magistrate, Motihari has given cogent reasons for 2 differing in the final form submitted by the Investigating Officer and as such there is no merit in this application and hence this application is dismissed. Md. Ibrarul (Sheema Ali Khan ,J.)