IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.339 of 2009 ASHOK MAHTO Versus THE STATE OF BIHAR & ANR ----------- 02 26.03.2010 The petition appears meritless, inasmuch as the Magistrate has the plenary jurisdiction of the differences with the opinion of the Investigating Officer while considering the final report submitted by it and taking a different view which may include recording a finding that particular offence appears prima facie committed by a particular accused person. It was pointed out by Sri Karna, the learned counsel appearing for the petitioner that on facts the offence under Section 379 of the I.P.C. was not made out. This can be an issue to be decided by the court below when it takes up the hearing for framing charges under Sections 239 and 240 of the Cr.P.C. P.K. (Dharnidhar Jha, J.)