IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.55844 OF 2007 1. MAHENDRA SAO @ MAHENDRA PRASAD, SON OF LATE DHARAMDEO SAH 2. SURENDRA SAO, SON OF LATE DHARAMDEO SAH 3. FANTOOS SAO @ OM PRAKASH, SON OF SHRI BRAHMDEO SAH 4. JITENDRA KUMAR, SON OF MAHENDRA SAO @ MAHENDRA PRASAD 5. RAVI KUMAR, SON OF MAHENDRA SAO @ MAHENDRA PRASAD 6. MUKESH KUMAR, SON OF FANTOOS SAO 7. MUNNA KUMAR, SON OF SURENDRA SAO 8. UMA SAO, SON OF SHRI JAGDISH SAO 9. BINDO SAO, SON OF SHRI JAGDISH SAO ALL RESIDENT OF VILLAGE DAUDPUR, POLICE STATION SHAHPUR, DISTRICT PATNA ……………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. DAULATIA DEVI, WIFE OF SHRI RAMYASH SINGH, RESIDENT OF VILLAGE DAUDPUR, POLICE STATION SHAHPUR, DISTRICT PATNA ………………………………………………………………………..OPPOSITE PARTIES ********* 2 25/03/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 06.09.2007 passed in compliant Case No. 638 (C) of 2007 by which the Judicial Magistrate, 1st Class, Patna has taken cognizance for the offences under Sections 147, 148, 323, 380, 452, 504/34 of the Indian Penal Code. Learned Counsel for the petitioners submits that there is a case and counter case. In the counter case, the petitioners were brutally assaulted and therefore, Section 325 of the Indian Penal Code has also been levelled against the accused persons of that case. 2 At the most, this Court can observe that the parties may at an appropriate time make a prayer that trials of both the case should be taken up together as they are both triable by the Court of Sessions. At this stage, this Court does not find any illegality in the order taking cognizance. This application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)