IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21958 of 2022 Arising Out of PS. Case No.-128 Year-2019 Thana- GAMAHARIYA District- Madhepura ====================================================== 1. Sanjay Yadav S/O Devan Yadav R/O Village- Ekwa, P.S.- Gamharia, District- Madhepura 2. Sitaram Yadav S/O Late Laddu Yadav R/O Village- Kamaljari, P.S.- Gamharia, District- Madhepura 3. Pradeep Yadav @ Pradeep Kumar Yadav S/O Sitaram Yadav R/O Village- Kamaljari, P.S.- Gamharia, District- Madhepura 4. Nitish Yadav @ Nitish Kumar S/O Sitaram Yadav R/O Village- Kamaljari, P.S.- Gamharia, District- Madhepura 5. Bhuvan Kumar @ Bhushan Yadav @ Bhubhan Yadav S/O Sitaram Yadav R/O Village- Kamaljari, P.S.- Gamharia, District- Madhepura 6. Shivram Yadav @ Shivram Kumar S/O Shatrughan Yadav R/O Village- Ratanpur, P.S.- Ghailardh, District- Madhepura 7. Chandan Kumar @ Chandan Yadav @ Bausuk Yadav S/O Late Domi Yadav @ Teni Yadav R/O Village- Etwa Kamaljari, P.S.- Gamharia, District- Madhepura ... ... Petitioner/s Versus 1. The State Of Bihar Bihar 2. Radheshyam Yadav S/O Gokaran Yadav R/O Village- Kamaljari, Ward No. 10, P.S.- Gamharia, District- Madhepura ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 20-03-2025 Heard the learned Senior Counsel for the petitioners and the learned APP for the State. 2. This is an application for quashing of the order dated 24.12.2019 as well as the order dated 25.10.2019 passed by learned Sessions Judge, Madhepura and learned Judicial Patna High Court CR. MISC. No.21958 of 2022(2) dt.20-03-2025 2/3 Magistrate 1st Class, Madhepura in Cr. Rev. No. 150 of 2019 whereby and whereunder learned Sessions Judge, Madhepura has affirmed the order taking cognizance of learned Judicial Magistrate 1st Class, Madhepura under Sections 302/34 of the IPC in Gamahariya P.S. Case No. 128 of 2019 after differing from final report. 3. It has been submitted by the learned Senior Counsel for the petitioners that though the petitioners are named in the FIR but the Police after investigation submitted final form and exonerated the petitioners. He further submits that the Court below after differing with the final form has taken cognizance in the matter. 4. Learned APP for the State has opposed the prayer of the petitioner for quashing of the impugned order by submitting that the impugned order is a detailed order in which the learned Magistrate has discussed the materials available on record for taking cognizance which has been affirmed in Cr. Rev. No. 150 of 2019 by the learned Sessions Judge, Madhepura. 5. Considering the facts and circumstances of case, I am not inclined to interfere in the impugned order at this stage. Accordingly, this application is dismissed with liberty to the Patna High Court CR. MISC. No.21958 of 2022(2) dt.20-03-2025 3/3 petitioners to raise all the grounds at the stage of framing of charge which shall be considered by the Trial Court in view of the law laid down by the Hon’ble Supreme Court in the case of Kanchan Kumar Vs. State of Bihar reported in (2022) 9 SCC 577. Shishir/- (Sandeep Kumar, J) U T