IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44232 of 2006 1. Ram Prasad Singh @ Ghurahu Singh. 2. Ram Pravesh Singh @ Aliyaru Singh. Both sons of Late Shankar Dayal Singh, Resident of Village Umapur, P.S. Bhagwanpur, Distt. Kaimur at Bhabua. ------- Petitioners Versus State of Bihar ----- Opposite Party ----------- 10 19.2.2010 Heard Mr. Baxi S.R.P. Sinha, learned counsel for the petitioners and counsel for the State. While assailing the order taking cognizance dated 28.7.2005, Mr. Sinha submits that there would be no question of violation much less offence under Section 33 of the Forest Act or Section 51 of the Wild Life Protection Act and on that basis, he further proceeds to make a submission that the order taking cognizance is mechanical in nature. Mr. Sinha, however, very fairly submits that there can be a case of violation of Section 16 of the Bihar Kendu Leaves Control Trade Act, 1973 but no cognizance has been taken thereunder. In the opinion of this Court, all these questions can be definitely gone into at the time of framing of charge and the court below is expected to frame the charge only if there are materials constituting the offence. 2 That being so, this application is disposed of with a direction to the trial court to look into all these aspects of the matter if and when the same is raised by the petitioners at the time of framing of charge. Rsh (Mihir Kumar Jha, J.)