IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.52905 of 2007 1. SITA RAM CHAURASIA, son of Shivnandan Chaurasia, 2. Shanti Devi, wife of Sita Ram Chaurasia, 3. Ganesh Prasad Chaurasia, son of Sita Ram Chaurasia, 4. Prabhat Paswan, son of Late Nandlal Paswan, 5. Arjun Paswan, son of Late Nandlal Paswan, 6. Vinda Devi, wife of Late Nandlal Paswan All are residents of village- Loknathpur Ganj, Ward No.9, Police Station- Dalsingsarai, District- Samastipur ...Petitioners Versus 1. THE STATE OF BIHAR & 2. Upendra Narayan Mahto, son of Late Shiv Shankar Mahto also Mogul Mahto, resident of Loknathpur Ganj, Ward No.9, Police Station- Dalsingsarai, District- Samastipur …Opposite Parties ----------- For the petitioner : Mr. Partha Sarthy, Advocate For the O.P. No.2 : Mr. Satyendra Narayan Singh, Advocate For the State : A.P.P. ----------- 5/ 16.04.2010 Heard learned counsel for the parties. The petitioners seek quashing of the order dated 21.4.2007 passed in Dalsingsarai P.S. case no.136 of 2006, by which the learned Sub-Divisional Judicial Magistrate, Dalsingsarai, has taken cognizance against the petitioners differing with the final report. On 10.2.2009, notices were issued to the opposite party no.2, but no stay had been granted by this court. Now, the counsel for the opposite party no.2 has appeared and submits that charges have already been framed in the case on 14.8.2008, and therefore, this court at this stage may not go into the legality or otherwise of the order of cognizance. In view of such, I am not inclined to interfere with the order of cognizance at this stage. The application is dismissed. JA/- (Anjana Prakash, J.)