IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30410 of 2007 BIJAY KUMAR SINGH @ VIJOY SINGH son of Sri Kapildeo Singh resident of Village Prasadpur P.S. K.Nagpar, District Purnea ….. Petitioner. Versus 1.STATE OF BIHAR 2.Aghari Yadav son of Late Sant Lal Yadav resident of Prasadpur P.S.K. Nabgar District Purnea ……. Opposite parties. ----------- For the Petitioner:- Mr. Ajit Kumar Singh For the State:- Mr. Mayanand Jha For the Opposite party no.2:- Mr. Dr.Bidhu Ranjan 3 7.11.2008. Heard counsel for the petitioner, the State and the opposite party no.2. This application has been filed for quashing the order dated 6.2.2007 passed by Sri R.P.Yadav, Additional Chief judicial Magistrate, Purnea in K.Nagar P.S.Case no.276 of 2006 whereby cognizance has been taken against the petitioner under Sections 447, 384, 504 and 506 of the Indian Penal Code even though he was not sent up for trial by the Investigating Officer. Counsel for the petitioner submits that the Magistrate has no jurisdiction to differ with the final form in case there was no protest. For this he has placed reliance on a reported decision of this Court. I find that the submission made by the counsel for the petitioner has no substance considering the fact that in the F.I.R. itself there is specific - 2 - allegation against the petitioner that he along with the husband of sitting Mukhia came at the informant’s place and enhanced threat to the informant. So far Magistrate is concerned he can differ with the charge sheet and on this point there are several decision of this court. Accordingly this application is dismissed. Sss/- (Mridula Mishra, J)