IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39393 of 2008 1) Ramashray Singh @ Rameshwar Singh, son of Late Bhikhan Singh, 2) Naresh Singh, 3) Nawal Singh, 4) Suresh Singh, sons of Bhola Singh, village Chaubey Tola, Siswa, PS Paharpur, Dist. East Champaran – Petitioenrs. Vs 1) The State of Bihar, 2) Ingal Mahto, son of Firangi Mahto, village Chaubey Tola, Siswa, PS Paharpur, Dist. East Champaran – Opp. Parties. 2 26.7.2011 HeardMr. Sandeep Kumar, counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned A.P.P. for the State. This application has been filed for quashing the order, dated 29.7.2008 passed in Paharpur PS Case No. 44/2008 by the C.J.M, Motihari by which cognizance for the offences under section 306 of the Penal Code has been taken. The petitioners are co-villagers of the deceased. Son of the deceased Chandra Kishore had some differences with his father which resulted in both father and son living separately. It has been alleged that the deceased Sudama Singh, father of Chandra Kishore died some time in the night. The post mortem report indicates no external injury. Viscera has been preserved in this case. The allegation is that the petitioners were co-villagers who helped Chandra Kishore to do away with the life of Sudama Singh. In the circumstances this court cannot pass any order at this stage exempting the petitioners from the trial. The court below is directed to get the viscera report from the Director, Forensic Science Laboratory so that the 2 petitioners may get an opportunity to place the report at the stage of framing of charges. This application is disposed of with the aforesaid observation. The petitioners are given liberty to produce a copy of this order along with a petition before the court below within a period of one month failing which this application shall stand dismissed. In the petition filed before the court the petitioners should pray that the Director, Forensic Science Laboratory may send a copy of the viscera report directly to the court. The court should direct the Director to send the report within a period of three months of receipt of the order. A copy of this court’s order must be communicated by the court below to the Director, Forensic Science Laboratory. haque ( Sheema Ali Khan, J.)