IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.45281 OF 2008 1. ARVIND PRASAD SINGH, SON OF SHRIDHAR PRASAD SINGH 2. MAMTA DEVI, WIFE OF ARVIND PRASAD SINGH 3. SHRIDHAR PRASAD SINGH @ SHEODHR PRASAD SINGH ALL ARE RESIDENTS OF VILLAGE GAHILO, POLICE STATION SARAIYA, DISTRICT MUZAFFARPUR VERSUS 1. THE STATE OF BIHAR 2. RAJEEV KUMAR, SON OF RAJESHWAR SINGH, RESIDENT OF VILLAGE GAHILO, POLICE STATION SARAIYA, DISTRICT MUZAFFARPUR ********** 2 04/08/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed for quashing of the order dated 26.06.2008 passed in Saraiya Police Station Case No. 196 of 2005 by which the Sub Divisional Judicial Magistrate (West), Muzaffarpur has taken cognizance for the offences alleged to have been committed under Sections 341, 323, 324, 307/34 and 504 of the Indian Penal Code. The impugned order has been challenged on the ground that the petitioner had instituted a case earlier against the informant of this case and as such, it is submitted that the order taking cognizance ought to have taken into account the aforesaid facts. The petitioner would be at liberty to raise these aspects of the matter at the stage of framing of the charges, if already not framed. 2 This application is disposed of with the aforesaid observations. Anand (Sheema Ali Khan, J.)