IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1349 of 2008 1. USHA SHARAN @ USHA DEVI W/O AKSHAY KUMAR SHARAN 2. ABHAY KUMAR , SON OF AKSHAY KUMAR SHARAN 3. RAJANI KUMARI D/O AKSHAY KUMAR SHARAN 4. RESHMI KUMARI D/O AKSHAY KUMAR SHARAN 5. AKSHAY KUMAR SHARAN, SON OF ARAMI KUMAR SHARAN ALL RESIDENTS OF MOHALLA-MARIPUR, POLICE STATION-KAZIMOHAMMADPUR, DISTRICT- MUZAFFARPUR -------- PETITIONERS Versus 1. THE STATE OF BIHAR 2. ASHOK KUMAR SHARAN, SON OF ANJANI KUMAR SHARAN, RESIDENT OF MOHALLA-MARIPUR, POLICE STATION-KAZIMOHAMMADPUR, DISTT-MUZAFFARPUR --------------- OPP.PARTIES. ----------- 3 25-11-2008 Heard K.N. Diwakar, the learned counsel for the petitioner as also Mr. Jharkhandi Upadhaya,the learned A.P.P. for the State and Mr. Neeraj Kumar, the learned counsel for Opp.Party no.2. The grievance of the petitioner is against the order dated 8.9.1999 passed by the learned Chief Judicial Magistrate, Muzaffarpur in Kazimohammadpur P.S. Case No.8 of 1999, whereby he has taken cognizance of offences under Sections 448,341and 323 I.P.C. The petitioners have approached this Court for quashing of the order which was passed nine years back and no reasonable justification has been shown why this Court should quash the order which was passed nine years back. That apart ,both the parties are not aware of the developments in the court below or the status of the case in the court below which again is unfortunate. - 2 - In the circumstances, I find no apparent reason for interfering with the impugned order dated 8.9.1999 even on merits, since merely because the parties are brothers and live in the same house, it cannot be said that the offence can not be committed. Accordingly, this application is dismissed. ( Abhijit Sinha, J ) . NKS/-