IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23035 of 2009 Chandrika Kumar Son of Late Darogi Chori Singh, resident of Village Chhatanwar, P.S. Pakribrawan, District Nawada ….. Petitioner Versus State Of Bihar ----------- 2. 8.7.2011 The petitioner seeks quashing of the order dated 20.2.2009 passed by the Chief Judicial Magistrate, Nawada in Pakribrawan P.S. case No.26 of 2008, by which it has taken cognizance in the matter. The petitioner prays for quashing on the ground that the police had submitted final report in the matter and also on the basis of his plea of alibi that he was not present at the scene of occurrence but he was in the Engineering College on the said date. Since it was well within the powers of the Magistrate to disagree with the final report and this plea of alibi being a question of fact can only be appreciated at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed. Narendra/ ( Anjana Prakash, J.)