IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45948 of 2007 1. MOHAN MAHTO, S/o Late Laxman Mahto 2. Ram Kishore Mahto 3. Hari Kishore Mahto Both sons of Mohan Mahto, All residents of village Bangra , P.O. Bangra, P.S. Daudpur, district Saran at Chapra. Petitioners Versus STATE OF BIHAR …. Opp. Party ----------- 3 20.1.2009 Heard Mr. Maheshwar Prasad, learned counsel for the petitioners and Mr. Jharkhandi Upadhaya, learned A.P.P. for the State. The primary grievance of petitioner nos. 2 and 3 namely Ram Kishore Mahto and Hari Kishore Mahto is that they were not a party in the proceeding under section 144 Cr.P.C. pending before the learned Sub Divisional Magistrate and it was by inadvertence that their names have been added in the complaint sent by the learned Sub Divisional Magistrate, Chapra. Since petitioner nos. 2 and 3 have been named in the complaint petition cognizance has been taken by the learned Sub Divisional Judicial Magistrate under section 188 Cr.P.C. Liberty is given to petitioner nos. 2 and 3 to raise issues of false joinder as party in the complaint before the Sub Divisional Judicial Magistrate at the time of framing of charge. With the aforesaid liberty this application is dismissed as withdrawn. Spd/- (Abhijit Sinha, J.)