IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18388 of 2010 1. SUNIL MANDAL, S/o Nago Mandal. 2. Rukmini Devi, W/o Sunil Mandal. Both are resident of Village-Nehra, P.S.-Manigachhi, District-Darbhanga. Versus 1. THE STATE OF BIHAR. 2. Rampari Devi, W/o Ram Naresh Mandal, R/o Village-Dularpur, P.S.-Sadar Darbhanga, Valpatti O.P., District-Darbhanga. ----------- 02. 28.01.2011 Heard the parties. The petitioners seek quashing of the order dated 16.09.2009 passed by the Chief Judicial Magistrate, Darbhanga in Manigachhi P.S. Case No. 96 of 2008 by which he has taken cognizance under Sections 304B and 201/34 IPC. The petitioners contend that the Court below has merely stated in the order of cognizance that he had perused the FIR, charge-sheet and the case diary and taken cognizance of the matter which shows non application of mind. Further submission is that the petitioners used to reside in Delhi and there were documents to prove the same. However, from the order impugned, I find that the Magistrate concerned has applied his mind to the records of the case. Since the plea that the petitioners used to reside in Delhi was a disputed question of fact which could be thrashed out only at the stage of trial, I am not inclined to interfere in the matter. The application is dismissed. Vikash/- (Anjana Prakash, J.)