IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54718 of 2007 KHALIUAR RAHMAN, son of Sekh Arabul Rahaman, resident of Keithpura, police station-Basant Rai, District-Godda(Jharkhand). …….Petitioner Versus 1. The State Of Bihar 2. Salam Tullah, son of Haji Musi Ansari, resident of Nauwabadh, P.S.- Dhoraiya, District-Banka. ……..Opposite Parties. ----------- 05. 16.04.2010 Heard learned counsel for the petitioners and learned counsel for the State. In the present application, the order of cognizance dated 04.11.1994 passed by the Judicial Magistrate, Banka in Dhoraiya P.S. Case No. 38 of 1987 under Sections 420 and 467 of the Indian Penal Code has been under challenge. Though the notice were issued to opposite party No. 2 vide order dated 06.02.2008 and fresh service of notice were given on 27.08.2008 and subsequently on 19.12.2008, the service of notice on opposite party No. 2 was treated to be validly served, even then opposite party No. 2 has not appeared. In view of the fact that the order of the cognizance is of 1994, I am not inclined to interfere with the matter at this stage, it is accordingly dismissed. However, petitioner may have the liberty to raise - 2 - all these issues at the time of framing of charge, if it has not already been framed. The application stands disposed of. Shageer (Dinesh Kumar Singh, J)