Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11575 of 2012 ====================================================== 1. Lallan Sharma S/O Late Kameshwar Singh, Resident Of Sarswati Niwas, Rajendra Nagar, Road No. 12, P.S. Kadam Kuan, District Patna. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Vikash Kumar S/O Lallan Sharma, Resident Of Sarswati Niwas, Rajendra Nagar, Road No. 12, P.S. Kadamkuan, District Patna. 3. Shashi Bhushan @ Bholi Sharma S/O Awadh Nand Sharma, Resident Of Village Mahua Vidha, P.S. Paras Vidha, District Jehanabad. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 25-07-2012 Heard. The Petitioner, who is the Informant, is aggrieved with the order dated 03.12.2011 passed by the Chief Judicial Magistrate, Patna, in Kadam Kuan P.S. Case No.62 of 2011 by which he has taken cognizance under [STATUTE] and not under [STATUTE] without considering the protest petition filed on behalf of the Petitioner. At the stage of cognizance, the Magistrate has to either concentrate on the evidence collected by the police or confine itself to the protest petition and thereafter proceed under section 202 Cr. P. C. Under such circumstances, the Court has not committed any wrong in not considering the protest petition. Patna High Court Cr.Misc. No.11575 of 2012 (2) dt.25-07-2012 2 / 2 2 As for cognizance not having taken under particular sections, cognizance is taken of the case and not of the accused or particular sections and, hence, the Petitioner is not justified in assailing the same on this ground. However, the Petitioner may raise this issue at the stage of framing of charge. With the aforesaid observation, the application is disposed off. JA/- (Anjana Prakash, J)

Applicable IPC Section: 341

Statute Text:
Section 341 of the Indian Penal Code. Wrongfully restraining any person. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.