IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31010 of 2008 (1) Bashirun Khatoon, wife of Late Munshi Mian, (2) Suggi, daughte4r of Late Munshi Mian, (3) Md. Jahangir, (4) Md. Alamgir, (5) Md. Shamim, all of village Chainpur Bangra, PS Maniyari, District Muzaffarpur – Petitioners. Vs. (1) The State of Bihar, (2) Jaimun Nisha, wife of Md. Karimullah, village Chainpur Bangra, PS Maniyari, District Muzaffarpur – Opp. Parties. 2 27.6.2011 Heard learned counsel for the parties. This application has been filed challenging the order of cognizance, dated 10.3.2008 passed by the Subdivisional Judicial Magistrate, West Muzaffarpur in Maniyari PS Case No. 101/2007 The points raised on behalf of the petitioners is that the cognizance was taken under section 307 of the Penal Code on an application filed on behalf of the Officer Incharge stating therein that he has been directed to add section 307 in the charge sheet. On the basis of the aforesaid application dated 23.1.2008, cognizance was taken vide order, dated 10.3.2008 under sections 341, 323, 307 and 504/34 of the Penal Code. Learned counsel for the petitioners submits that charges have been framed by the court below which is under challenged before this court in Cr. Misc. No. 23064/2009. In view of the aforesaid fact this application has become infructuous. The petitioners are at liberty to raise all the questions raised before this court in the said application. This 2 application is dismissed as infructuous. haque ( Sheema Ali Khan, J.)