IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19045 of 2008 1. BHRIGUNATH DUBEY S/o Durga Dubey, 2. Lalmuni W/o Late Shivnath Dubey, 3. Rakesh Dubey @ Tuntun Dubey S/o Late Shivnath Dubey, 4. Rajesh Dubey @ Munna Dubey S/o Late Shivnath Dubey, 5. Vijay Kumar Dubey S/o Bishwanath Dubey & 6. Rita W/o Munna Dubey All resident of Village- Tali Khurd, P.S.- Guthani, District- Siwan …Petitioners Versus 1. THE STATE OF BIHAR & 2. Shivdayal Dubey S/o Late Ramrajeshwar Dubey, resident of village- Mali Chapar, P.S. Khampar, District-Deoria (UP) …Opposite Parties ----------- 2/ 04.04.2011 Heard the parties. It has been submitted that the petitioner no.4 has died during the pendency of this application and, therefore, this application has become infructuous in his regard. The petitioners have sought quashing of the order dated 08.02.2008 passed in Protest cum Complaint Case No. 2005/2007 arising out of Guthani P.S. Case No.62 of 2006, by which Sub- Divisional Judicial Magistrate, Siwan, has taken cognizance under sections 304-B, 201 Indian Penal Code. It has been submitted that no material was forthcoming during investigation with regard to the murder of the deceased since the dying declaration brought on record revealed it was not a case of murder and the cognizance on protest cum complaint petition is totally unwarranted. Since these are the materials which can only be appreciated at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed. JA/- (Anjana Prakash,J.)