IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18422 of 2008 MD.AINUL HAQUE Versus THE STATE OF BIHAR & ANR ----------- 2 26.04.2011 Heard learned counsels for the petitioner and the State. Petitioner assails the order dated 19th March, 2008 passed by the Judicial Magistrate, Ist Class, Katihar, whereby cognizance of the offence under sections 323, 341 & 379 of the Indian Penal Code has been taken in connection with Complaint Case No. 1425 of 2007. Learned counsel for the State submits that on perusal of the impugned order it would appear that while taking cognizance the Court below has taken into consideration the relevant materials available on record. Considering the submissions of the parties and on perusal of the averments made in the petition as also the fact that the Court below has taken cognizance of the offence on basis of the materials available on record which finds mention in the impugned order, I am not inclined to interfere into the matter and the application accordingly stands dismissed. However, it will be open for the petitioner to raise all his rights and contentions available to him under law at the appropriate stage if the case is still pending. Manish/- ( Shailesh Kumar Sinha,J.)