Judgment 1. This is an application u/s. 482 of the Code of Criminal Procedure for quashing the order dated 24.1.2006 passed by the Addl. Chief Judicial Magistrate, Rosera in Rosera P.S. Case No. 44/2005 whereby and whereunder the cognizance has been taken against the petitioner alongwith other accused persons under Ss. 307 and 302 and allied Sections of the Indian Penal Code. 2. The sole contention of the learned counsel for the petitioner is that the petitioner is not named in the F.I.R. In the supplementary charge sheet also he was not sent up for trial but the Chief Judicial Magistrate without giving any reasons for differing with the police report took cognizance against the petitioner also. 3. Learned counsel appearing for the State opposed the submissions and contended that the Chief Judicial Magistrate has ample power to differ with the police report and he is competent to take cognizance against the petitioner. 4. From the perusal of the impugned order, it appears that a petition was filed on behalf of the petitioner to discharge him as the police did not find any material against him and that on this the C.J.M. perused the F.I.R., charge sheet, as well as the supplementary case diary and found prima facie case against the petitioner also regarding his participation in the crime. He has also referred certain paragraphs of the case diary in support of the allegations. Therefore, it is clear from the order that the learned Chief Judicial Magistrate has applied his judicial mind and has given reasons for differing from the police report and has passed the impugned order. 5. Therefore, there is no cogent reason to interfere with the impugned order. The petitioner however is at liberty to raise necessary plea in this regard at the time of framing of charge. 6. In the result, this criminal miscellaneous application is dismissed.