IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40631 of 2009 BIRU BABU MAHTO @ RANVIR KUMAR, SON OF SRI JANARDAN MAHTO, RESIDENT OF VILLAGE SAKRAULI, P.S. CHERIABARIARPUR, DISTRICT BEGUSARAI. ----- PETITIONER Versus 1. THE STATE OF BIHAR. 2. SIYARAM SAH, SON OF LATE TULSI SAH, RESIDENT OF VILLAGE SAKRAULI, P.S. CHERIABARIARPUR, DISTRICT BEGUSARAI. ---- OPPOSITE PARTIES ----------- 2 19.2.2010 This application has been filed for quashing the order dated 17.4.2009, passed by the Chief Judicial Magistrate, Begusarai in connection with Cheria Bariarpur P.S. Case No. 168 of 2007 registered for the alleged offence under Section 363, 376 and 384/34 of the Indian Penal Code by which the Chief Judicial Magistrate has taken cognizance against the petitioner. The cognizance has been taken on the basis of the statement made under Section 164 of the Code of Criminal Procedure and as such it cannot be contended on behalf of the petitioner that the Court has wrongly taken cognizance despite the fact that the final form was submitted in this case. The petitioner can raise all these points at the time of framing of charge. In the result, I find no illegality in the order dated 17.4.2009 passed in Cheria Bariarpur P.S. Case No. 168 of 2007 pending before the Chief Judicial Magistrate, Begusarai. This application is dismissed. Sanjay (Sheema Ali Khan, J.)