IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12516 of 2008 ADHIK LAL MANDAL @ ADHIK MANDAL & ANR Versus THE STATE OF BIHAR & ANR ----------- 02. 07.05.2010 No one appears on behalf of the petitioners. Counsel for the State is in appearance. The petitioner has challenged the order dated 03.09.2007 passed by the learned Chief Judicial Magistrate, Banka in Rajoun P.S. Case No. 88 of 2007, whereby the cognizance has been taken under Section 304(B)/34 of the I.P.C. From the impugned order, it appears that the charge sheet has been submitted against the petitioner No. 1 under Section 304/34 of the I.P.C. after declaring him absconder and subsequently the charge sheet was also submitted against petitioner No. 2 and the impugned order of cognizance has been passed after perusing the materials on records. Though the impugned order has been passed on 03.09.2007, but there is nothing on record to suggest the present stage of trial, hence in that view of the matter, I am not inclined to interfere in the matter. The petitioners are at liberty to raise all their contentions at the time of framing of charge, if the charges have already not been framed in the matter. - 2 - With the observations made above, the application stands dismissed. Shageer (Dinesh Kumar Singh, J)