IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17542 of 2009 1. RAM ISHWAR YADAV son of Late Madheshwar Yadav, 2. Beyadar Yadav son of Late Nitan Yadav, 3. Randhir Kumar @ Randhir Yadav son of Sri Ram Krishna Yadav & 4. Jay Shree Yadav @ Khojan Yadav son Beyadar Yadav All residents of village- Ojha Bigha, P.S. Kaler (Mehandia) District- Arwal (Jehananad) … Petitioners Versus 1. THE STATE OF BIHAR & 2. Arjun Singh son of Sri Nathuni Singh, Resident of village- Ojha Bigha, Police Station- Kaler, Post Office-Mainpura Chanda, District- Arwal … Opposite Parties ----------- 3/ 23.8.2010 Heard the parties. The present application has been filed for modifying the order dated 19.3.20009 passed in Cr. Misc. No.4006 of 2006, by which application was disposed on the submission of counsel for the opposite party no.2 that charges have already bee framed and, therefore, the application has become infructuous even though charges had not been framed and the discharge petition was rejected by the court below upon which the quashing application was filed. The submission of the counsel for the petitioners is that First Information Report does not disclose any offence whatsoever since it has been submitted that seven months before the institution of the case reportedly some buffalos were stolen by the accused persons and it was suspected that the same had been sold to the butcher. The entire case is based only on hearsay and suspicion and, therefore, there is no cogent material against the petitioner. Counsel for the opposite party no.2 is unable to defend that apart from suspicion there is no material against the petitioners in the First Information - 2 - Report which was instituted seven months after the occurrence. Considering the same, this application is allowed and the order dated 4.1.2006 passed by the Judicial Magistrate, 1st class, Jehanabad, in G.R. No.326 of 2002/ Tr. No. 645 of 2005 arising out of Mehandia P.S. case no. 18 of 2002 is hereby quashed. Application stands allowed. JA/- (Anjana Prakash, J.)