Raj Kumar Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31392 of 2016 Arising Out of PS.Case No. -3308 Year- 2015 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================

1. Raj Kumar Singh Son of Ram Uday Singh

2. Sushil Kumar @ Shallu Singh Son of Awadesh Singh

3. Rajesh Singh @ Fudo Singh Son of Ram Uday Singh All Residents of village - Naokothi, P.S. Naokothi, District - Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar

2. Hare Ram Singh Son of Late Rameshwar Singh Resident of village - Naokothi, P.S. Naokothi, District - Begusarai .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-08-2016 Heard learned counsel for the petitioners and counsel for the State.

In this case, the petitioners are challenging the order dated 28.1.2016 passed by the learned Judicial Magistrate, 1st Class, Begusarai in connection with Complaint Case No. 3308C of 2015 whereby cognizance has been taken under Sections 323, 379, 427 and 147 of the Indian Penal Code.

The petitioner is challenging the order taking cognizance on the ground of delay of twenty days as well as the person who is the complainant in one case become the witness of the another case vice a versa.

Patna High Court Cr.Misc. No.31392 of 2016 (2) dt.09-08-2016 These are the matters which cannot be looked into at the time of taking cognizance. Liberty is given to the petitioner to take appropriate step at the time of framing of charge. This Court does not find any merit in the present case and the same is, accordingly, dismissed with the aforesaid liberty. (Shivaji Pandey, J) Rishi/- U T