IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19925 of 2009 1. Satyendra Singh, 2. Binay Singh @ Binay Kumar Singh, both sons of Late Nathan Singh, village Shekhpura, PS Upahara, District Aurangabad – Petitioners. Vs. 1. The State of Bihar, 2. Munaik Das, son of Gajan Das, village Shekhpura, PS Upahara, district Aurangabad – Opp. Parties. 2 6.10.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioners have challenged the order, dated 2.4.2009 passed by the Subdivisional Judicial Magistrate, Daudnagar in Upahara PS Case No.17/2008 by which cognizance has been taken for the offences under sections 341, 323, 504/34 of the Penal Code and section 3(1)(x) of the SC/ST Act. An F.I.R. was instituted in which the allegation was that there is an altercation between the petitioners and the informant of the case. However, on investigation apart from the informant and his family members, the independent witnesses have not supported the prosecution version and the Investigating Officer came to the conclusion that it was a false case and filed due to land dispute between the parties. A protest petition was filed on behalf of the informant. The order of the Subdivisional Judicial Magistrate indicates that the court has proceeded on the basis of the case diary. If the court is proceeding on the basis of the case diary, then he cannot simultaneously take into consideration the protest-cum-complaint petition for the purpose of examining this case. 2 Learned counsel for the petitioners submits that the supervising authorities, that is, Dy. Supdt. Of Police and the Superintendent of Police have also found the case false and, therefore, the comment made by learned Magistrate that the investigation of the Investigating Officer is not reliable is also unwarranted. Nevertheless the learned Magistrate has the power to differ with the final form and as such the order impugned taking cognizance is valid and requires no interference by this court. This application is dismissed. haque (Sheema Ali Khan, J.)