IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32719 of 2007 1. RABINDRA KUMAR SINGH @ RABINDRA SINGH son of Rameqwal Singh. 2. Amritesh @ Tirku. 3. Gaurav @ Pinku. Both sons of Rabindra Singh. 4. Dharma Deo kumar S/o Late Ayodhya Singh. 5. Ramequwal Singh S/o Late Ramchhapit Singh, Resident of village- Sarwan, P.S. Masaurhi, District – Patna. …. Petitioners. Versus 1. THE STATE OF BIHAR. 2. Surajdeo Singh S/o Late Chandeshwar Singh, resident of village Sarwan, P.S. Masaurhi, District- Patna. …Opposite Parties. For the Petitioner : Mr. Ashok Kumar Mishra, Advocate. For the Opposite Party : M/s. L.N. Das and S. De, Advocates. For the State : Mr. Jharkhandi Upadhyay, A.P.P. ----------- 5. 03.05.2011. This application has been filed for quashing the order dated 20.4.2007 passed in Masaurhi P.S. Case no. 63 of 2006 by which the Sub-Divisional Judicial Magistrate, Masaurhi has taken cognizance for the offences under Sections 323, 325 and 504 of the Indian Penal Code against the petitioners. There is allegation that the petitioner abused the informant and one of them is said to have assaulted the mother of the informant, aged about 85 years. Counsel for the petitioner submits that the allegation is false and fabricated, and that the police after investigation, found the case untrue. The present order taking cognizance has 2 been passed on the basis of protest petition. It is submitted that in fact, even the Sub-Divisional Judicial Magistrate could have suo motu taken cognizance by differing with the findings of the Investigating Officer, but the fact that it was cognizance was taken on the protest, indicates that the case is false. Counsel for the petitioner also submits that Devandari Devi had fallen down prior to the occurrence. She was admitted in the Nursing Home and treated for her injuries, it is, therefore, false to say that the petitioners were responsible for the injury. This aspect of the matter can be placed by the petitioners, at the stage of framing of charges. The Sub- Divisional Judicial Magistrate, Masaurhi would be at liberty to call for a report from the concerned Nursing Home regarding the injuries of Devendari Devi. This application is dismissed with the aforesaid observation. Ibrar/- ( Sheema Ali Khan, J.)