- (1.) Heard Learned Counsel for the petitioners and learned A.P.P. for the State.
(2.) The petitioners have challenged the order dated 7.8.2007 passed by the Chief Judicial Magistrate, Hazaribagh in G.R. No. 328 of 2007 arising out of Hazaribagh Sadar P.S. Case No. 77 of 2007, whereby cognizance of the offences has been taken against them along with other co-accused persons.
(3.) Learned Counsel for the petitioners has submitted that after investigation, the police has submitted charge sheet against other co-accused persons, but so far as these petitioners and one Md. Munif @ Sardar Munifuddin Quraishi @ Munif Kasai were concerned, it was stated that there were insufficient evidence against them. In spite of the said fact, cognizance had been taken by the court below against these petitioners as also against the said, Md. Munif @ Sardar Munifuddin Quraishi @ Munif Kasai, whose case stands exactly on the similar footing as that of these petitioners. Learned Counsel has pointed out that said co-accused Md. Munif had filed a quashing petition being Cr.M.P. No. 886 of 2008 before this Court, which was allowed by order dated 25.2.2009, holding that the court below had no jurisdiction to take cognizance against the said petitioner and it was observed that if during the trial, any evidence is brought on record, the learned Sessions Judge would be at liberty to add him as an accused in exercise of the power under Section 319 of the Cr.P.C. Learned Counsel has, accordingly, submitted that the case of these petitioners stands exactly on the similar footing and has prayed for quashing of the order taking cognizance against these petitioners as well.;