IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.14938 OF 2007 RABINDRA KUMAR RANA, SON OF LATE GANESH YADAV, RESIDENT OF RAJAD OFFICE, NAUGACHIA BAZAR, POLICE STATION NAUGACHIA, DISTRICT BHAGALPUR VERSUS 1. THE STATE OF BIHAR 2. BINOD KUMAR YADAV, SON OF KAPILDEO YADAV, RESIDENT OF NAUGACHIA BAZAR, POLICE STATION NAUGACHIA, DISTRICT BHAGALPUR …………………………………………………………………OPPOSITE PARTIES ****** 8 24/06/2009 This application has been filed for quashing the order dated 05th February, 2007 by which the Court below has taken cognizance of the offences under Sections 323, 379 and 120B of the Indian Penal Code. The order taking cognizance indicates that the complainant has been able to support his case and the witnesses too have supported the allegations made out in the complaint during the enquiry. Learned Counsel for the petitioner submits that the present complaint case has been filed as a counter-blast to Gopalpur Police Station Case no. 74 of 2004 and the entire case infact has been filed due to political rivalry arising out of the disputes which took place during the election. It is further submitted that the rifle which was allegedly 2 snatched from a Tata Sumo has been released in favour of the petitioner, (which fact may or may not be correct as it is not supported by any document) as such it is submitted that the entire case becomes doubtful. After considering the submission aforesaid and on going through the impugned order, I am not inclined to interfere with the order taking cognizance. Accordingly, this quashing application is dismissed. However, the petitioner would be at liberty to raise all the points which has been raised in this quashing application at the time of framing of the charge. Anand ( Sheema Ali Khan, J. )