IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55320 of 2007 1. BASO MAHTO @ BASUDEO MAHTO @ BASUDEO PRASAD ,Son of Late Munsi Prasad 2. Rajo Mahto @ Rajendra Mahto, Son of Late Bansi Prasad @ Bansi Mahto 3. Mahesh Prasad @ Mahesh Mahto, Son of Late Bansi Prasad @ Bansi Mahto 4. Arbind Prasad @ Arbind Mahto, Son of Late Bansi Prasad @ Bansi Mahto 5. Chandra Bhushan Prasad Sinha @ Bhushan Mahto, Son of Sri Harihar Pd. Sinha @ Hari Mahto 6. Hira Ram Son of Sri Sudama Ram 7. Karu Ram @ Karu Lal Ram Son of Late Sudama Ram 8. Manjhi Ram, Son of Sri Sudama Ram 9. Sudama Ram Son of Late Shivnandan Ram, All residents of Village- Rajawa, P.O. Kaliachak, P.S. Hilsa, District-Nalanda ----Petitioners Versus 1 THE STATE OF BIHAR 2. Nawal Paswan, Son of Late Ram Khelawan Paswan, resident of Village-Rajawa, P.O. Kaliachak, P.S. Hilsa, District-Nalanda ------------------Opp.Parties. ----------- For the petitioners: Sri Manish Sahay, Advocate For Opp.Party No.2: Sri Anil Kumar Singh, Advocate For the State : Smt. Indu Bala Pandey, A.P.P. --------------- 3 27-09-2010 Heard the learned counsel for the petitioners and Opp.Party no.2 as well as Smt. Indu Bala Pandey, learned Addl.Public Prosecutor appearing on behalf of the State. Nine petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order 5.1.2002 passed by learned Sub Divisional Judicial Magistrate, Hilsa( Nalanda) in Complaint Case No.566C of 2001. By the said order, the learned Magistrate has taken cognizance of offences under Sections 341,323,380, 540/34 of the Indian Penal Code and 3(x) 2 of SC/ST (Prevention of Atrocities) Act, 1989. The order of cognizance was passed on 5.1.2002 and in this case only prayer has been made to quash the order of cognizance dated 5.1.2002. The present petition was filed on 7.12.2007 for quashing of order of cognizance, which was passed long back on 5. 1.2002 . When the case was called out, learned counsel appearing on behalf of Opp.Party no.2 informs the Court that after the order of cognizance, subsequent development has taken place and in this case till date four witnesses have already been examined. Keeping in view the fact that the trial has already commenced, there is no ground to entertain the present petition. Accordingly, the petition stands rejected. NKS/- ( Rakesh Kumar, J.)