IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.39372 OF 2008 1. SHIV BACHAN SINGH @ VIJAY BAHADUR SINGH, SON OF RAM SAKHI SINGH 2. RAM BACHAN SINGH, SON OF RAMSAKHI SINGH 3. ARUN SINGH, SON OF SHIV BACHAN SINGH 4. LALBARAT SINGH, SON OF RAMJI SINGH 5. SHIVPUJAN WSINGH, SON OF RAMJI SINGH ALL RESIDENT OF VILLAGE TIYARA GHAT, POST OFFICE MUTHANI, POLICE STATION BHABUA, DISTRICT KAIMUR (BHABUA) ……………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ******** FOR THE PETITIONERS :- MR. SHAKIL AHMAD KHAN, SR. ADV MR. RADHA MOHAN PANDEY, ADV. FOR THE INFORMANT :- MR. KUMAR SUNIL, ADVOCATE FOR THE S T A T E :- MR. M. N. JHA, A.P.P. ********** 2 08/12/2009 Heard both parties. The petitioners are aggrieved by the order dated 08.02.2008 by which the Additional Sessions Judge, Fast Track Court No. No. IV, Kaimur has dismissed Criminal Revision No. 03 of 2007/35 of 2007 filed against the order dated 29.11.2006 passed by the Chief Judicial Magistrate, Bhabua taking cognizance against whom final form was submitted. Learned Counsel for the petitioners submits that the Court below ought not have taken cognizance of the First Information Report named accused persons who were exonerated during investigation. It is well settled law that the Magistrate taking 2 cognizance may defer with the final form and after perusing the materials on record, take cognizance against even those accused persons against whom the police has submitted final form. In the facts aforesaid, I find that there is no illegality in the order taking cognizance. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)