IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.7762 OF 2008 1. AKHILESH TIWARI, SON OF MAHANTHA TIWARI, 2. MAHENTHA TIWARI, SON OF KALIKA TIWARI 3. KISHORI DEVI, WIFE OF MAHANTHA TIWARI 4. PRAMOD TIWARI, SON OF MAHANTHA TIWARI ALL RESIDENT OF VILLAGE NONIA, TIWARI TOLA, POLICE STATION PAHARPUR 5. SANJAY TIWARI, SON OF KAPIL TIWARI, RESIDENT OF VILLGE LOHIYAR, POLICE STATION HARSIDHI, ALL DISTRICT EAST CHAMPARAN ……………………………………………………………………….PETITIONERS VERSUS THE STATE OF BIHAR ************ FOR THE PETITIONERS :- MR. RAKESH KUMAR, ADVOCATE FOR OP NO. 2 :- MR. AMRENDRA KR. NO. 1, ADVOCATE FOR THE S T A T E :- MR. JHARKHANDI UPADHYAY, A.P.P. **************** 2 19/03/2010 This application has been filed for quashing the order taking cognizance dated 13.07.2007. Counsel for the petitioners submits that the boy died due to drowning in the river in Rajasthan for which a U. D. case was instituted. The said U.D. case is said to have been supervised by the Superintendent of Police and final report has been submitted in that case. The present complaint case has been filed alleging that the accused persons were responsible for taking the deceased to Udaipur (Rajasthan) for work and she suspects and has also stated that the petitioners did not disclose the whereabouts of the deceased, as a result of which she has reason to believe that he was done to death by the 2 petitioners. This court is not inclined to interfere with the order taking cognizance as it is based on the complaint, the statement on S.A. and the enquiry conducted in the case. The Court below ought to call for the records of the U. D. case filed in Udaipur (Rajasthan) before starting the trial of the case in order to come to a proper decision with respect to the present complaint case. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)