IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13978 of 2008 KEDAR PRASAD S/O LATE RAMCHARITAR PRASAD, R/O VILLAGE- JODHANBIGHA, POLICE STATION ARIARI AND DISTRICT-SHEIKHPURA PRESENTLY POSTED AT KOSRA PANCHAYAT, SHEIKHPURA AS PANCHAYAT SEVAK, A PUBLIC SERVANT. ………….Petitioner Versus THE STATE OF BIHAR ………………Opposite Party ----------- 02 09.12.2010 The petitioner has challenged the order taking cognizance dated 16.03.2004 passed by the Learned Additional Chief Judicial Magistrate, Sheikhpura, in Complaint Case No. 402 C of 2003 as well as the revisional order dated 10.05.2007 passed by the Learned Additional Sessions Judge, Fast Track Court III, Sheikhpura, in Criminal Revision No. 218 of 2004, whereby the cognizance was taken under Section 409 of the Indian Penal Code and the Learned Additional Sessions Judge, Fast Track Court III, Sheikhpura, has refused to interfere with the cognizance order. There is nothing on record to suggest the present stage of the case. This Court find no illegality in the order taking cognizance. This Application is dismissed. However, the petitioner is liberty to raise all his contentions at the time of framing of charge, if the charges have already not been framed. Safik ( Dinesh Kumar Singh, J.)