IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17209 of 2008 1. Md.Sheikh Junnaid Farooqui @ Junnaid Farooqui @ Sheikh Saheb 2. Mohammad Shiblee Nomani, Both sons of Late Muzaffar Hassan @ Kallu 3. Md. Amir, Son of Sheikh Junnaid Farooqui, All residents of Village- Jagman Tola Manirabad Police Station- Bisfi ( Patauna), District-Madhubani ----- Petitioners. Versus 1. THE STATE OF BIHAR 2. Md. Siraj Anwar, Son of Late Md. Sabbir, resident of Village Jagan, East Tola Manirabad, Police Station-Bisfi ( Patauna), District- Madhubani ---- Opp.Parties. ----------- 02 02-07-2010 When the case was called out, no one appeared on behalf of the petitioners. Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of the order dated 17.2.2008/18.2.2008 passed by the learned Chief Judicial Magistrate, Madhubani in G.R. No.1067 of 2006 , arising out of Bisfi ( Patauna ) P.S. Case No.71 of 2006. By the said order, the learned Magistrate has taken cognizance of offences under Sections 323,341,307,447 and 504/34 of the Indian Penal Code. I have perused the materials available on record. From the F.I.R., it is clear that the informant had made specific allegation against all the three petitioners that while he was sitting at the door of one Nazir, three accused persons all armed with Bhala , Lathi and other weapons arrived there and firstly started assaulting Nazir and thereafter the informant was also brutally assaulted. After registering the case, the police started 2 investigation and thereafter submitted final form against petitioner nos.1 and 2 for offences under Sections 341,323 and 504/34 of the Indian Penal Code. However, the police did not forward the petitioner no.2 to face the trial. Meaning thereby that he was not chargesheeted. However, the learned Magistrate after being satisfied with the materials has passed the impugned order, whereby cognizance of offences under Sections 323,341,307,447 and 504 /34 of the Indian Penal Code has been passed. I do not find any defect in the order of cognizance. Moreover, this Court is satisfied that the petitioners have not made out a case warranting this Court to exercise inherent power under Section 482 of the Code of Criminal Procedure in favour of the petitioners. Accordingly, this petition stands rejected. NKS/- ( Rakesh Kumar, J )