IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3021 of 2010 ---- 1. Sone Lal Pathak S/o Late Chandra Kant Pathak 2. Mahendra Pathak S/o Late Chandra Kant Pathak @ Bathu Pathak 3. Maheshwar Pathak S/o Late Chandra Kant Pathak 4. Santosh Pathak @ Ateran Pathak S/o Mahendra Pathak 5. Akhilesh Pathak @ Kulkul Pathak S/o Mahendra Pathak 6. Ranjan Pathak S/o Mahendra Pathak 7. Vakil Pathak S/o Mahendra Pathak 8. Sudhanshu Pathak @ Sudhanshu Kumar Pathak S/o Sone Lal Pathak All are residents of Village-Asinchak, P.S.-Dalsingsarai, District-Samastipur. -- Petitioners. Versus 1. The State of Bihar 2. Balram Pathak, S/o Sri Dinesh Pathak, resident of Village- Asinchak, P.S. Dalsingsarai, District-Samastipur. -- Opposite parties. ----- 02. 29/01/2010 In this application preferred under Section 482 of the Code of Criminal Procedure, the petitioners have challenged the order dated 08.12.2009 passed by the learned Sessions Judge, Samastipur in Criminal Revision No.120 of 2009, whereby he has declined to interfere with the order of cognizance taken by the Judicial Magistrate 1st Class, Dalsingsarai for offences punishable under Sections 147, 323, 380 and 354 of the Indian Penal Code. - 2 - On a perusal of the order passed by the learned Sessions Judge, it appears that the police had submitted the final form and thereafter on the basis of a protest petition complainant produced evidence by examining three witnesses and thereafter the order of cognizance came to be passed. The learned Sessions Judge has expressed the view that the complainant and other witnesses have supported the prosecution story. On a perusal of the material on record it transpires that it cannot be said that the allegations are vague and do not constitute any offence. In view of the aforesaid, I am not inclined to interfere. However, it is directed that the Judicial Magistrate 1st Class, Dalsingsarai before whom the complaint case No.298 of 2008 is pending shall dispose of the same by the end of July, 2010 positively and send a compliance report to the Registry of this court. With the aforesaid direction, the application stands disposed of. Sunil (Dipak Misra, CJ.)