IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42583 of 2007 1. SHEO SHANKAR TIWARI @ SHANKAR TIWARI, SON OF LATE UMAPATI TIWARI. 2. VRIJESH TIWARI @ BRIJESH TIWARI, SON OF SHRI SHEO SHANKAR TIWARI. BOTH THE RESIDENT OF VILLAGE-RANIPUR, P.S. BIJAIPUR, DISTRICT-GOPALGANJ(BIHAR). ………………………………………………………..PETITIONERS. Versus THE STATE OF BIHAR………………………OPPOSITE PARTY. ----------- For the Petitioners : M/s. Nityanand Mishra and Ashok Kumar Singh, Advocates. For the State : Mr. Jharkhandi Upadhyay, A.P.P. -------------- 2. 6.1.2009. Heard the learned counsel for the petitioners and the learned A.P.P. for the State. The grievance of the petitioners is against the order dated 26.7.2006 passed in Bijaypur P.S. Case No.65 of 2002, G.R.1623 of 2002 registered under Sections 429/34 I.P.C. by Sri Shiv Kumar, Judicial Magistrate, Ist Class, Gopalganj. The submission on behalf of the petitioners is that they are innocent and have not been sent up and a final form was submitted by the police so far as they are concerned but the learned Chief Judicial Magistrate, Gopalganj, differed from the same and took cognizance. The petitioners had the opportunity of proving their innocence at two important points: firstly by challenging the order taking cognizance and secondly by filing a petition for their discharge which they failed to do. In this case charges have already been framed against the petitioners. Accordingly, I find no merit in this application which is - 2 - dismissed. P.S. (Abhijit Sinha,J)