Rajesh Kumar &Amp; Ors vs State Of Bihar &Amp; Anr on 3 December, 2010

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Cr.Misc. No.9701 of 2010
            1.   RAJESH KUMAR S/O RAMJEE PRASAD, VILLAGE LUXMIPUR, P.S.
                 GHOSWARI, DISTRICT PATNA, AT PRESENT MOHALLA ADARSH
                 NAGAR BARBIGHA, P.S. BARBIGHA, DISTRICT SHEKHPURA
            2.   RAMJEE PRASAD S/O LATE HARIHAR PRASAD, VILLAGE LUXMIPUR,
                 P.S. GHOSWARI, DISTRICT PATNA, AT PRESENT MOHALLA ADARSH
                 NAGAR BARBIGHA, P.S. BARBIGHA, DISTRICT SHEKHPURA
            3.   SARASWATI DEVI W/O RAMJEE PD. VILLAGE LUXMIPUR, P.S.
                 GHOSWARI, DISTRICT PATNA, AT PRESENT MOHALLA ADARSH
                 NAGAR BARBIGHA, P.S. BARBIGHA, DISTRICT SHEKHPURA
            4.   SANJU DEVI W/O ANIL PRASAD, VILLAGE KAZICHAK KHAZRAR, P.S.
                 BHADAUR, DISTRICT PATNA
            5.   ANIL PRASAD S/O BAIJU PRASAD, KAZICHAK KHAZRAR, P.S.
                 BHADAUR, DISTRICT PATNA
            6.   SAHDEO PRASAD S/O LUXMAN MAHTO, VILLAGE JAHANA, P.S.
                 BIND, DISTRICT NALANDA
            7.   SARITA DEVI W/O SAHDEO PRASAD, VILLAGE JAHANA, P.S. BIND,
                 DISTRICT NALANDA .... PETITIONERS
                                                  Versus
            1.   THE STATE OF BIHAR
            2.   RAM PRAVESH PRASAD, SON OF LATE DWARIKA PRASAD,
                 RESIDENT OF VILLAGE BADI MALAMA, P.S. SARMERA, DISTRICT
                 NALANDA ..... OPPOSITE PARTIES
                                                -----------

2. 3.12.2010 The petitioners have sought quashing of the order

dated 26.5.2006 passed by the Chief Judicial Magistrate,

Nalanda at Bihar Sharif in Sarmera P.S. case No.10 of

2006, by which he has taken cognizance in the matter.

Since the order of cognizance was passed more

than four years ago and it has fairly been submitted by the

Counsel for the petitioners that now the case has been

committed to the court of Sessions and the trial is going on, I

am not inclined to interfere with the order of cognizance at

this belated stage.

The application is dismissed.

Narendra/                                      ( Anjana Prakash, J. )