Anil Rai & Anr vs State Of Bihar on 8 July, 2011

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Cr.Misc. No.22952 of 2009
                   1. Anil Rai son of Siya Ram Rai
                   2. Tajo Rai son of Basudeo Rai, Both are resident of Village
                      Salkhain, P.S. Dalsingsarai, Distt. Samastipur .... Petitioners
                                                   Versus
                                              State Of Bihar
                                                 -----------

2. 8.7.2011 The petitioners have prayed for quashing of the

order dated 4.6.2008 passed in Dalsingsarai P.S. case No.7 of

2006, by which the A.C.J.M., Dalsingsarai has taken

cognizance in the matter.

The petitioners have sought quashing on the

ground that final report was submitted in the matter and that

there was no medical report in support of the allegation in the

First Information Report.

Since it was well within the powers of the

Magistrate to disagree with the final report and whether

medical opinion was necessary in the facts of the case is a

point which can only be appreciated at the stage of trial, I am

not inclined to interfere in the matter. The application is

dismissed.

( Anjana Prakash, J.)
Narendra/