IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13238 of 2008 1. BINOD BHUSAN PRASAD SON OF LATE GANAURI MAHTO, R/O- VILLAGE JAMUARA, P.S.- NARHAT, DISTRICT- NAWADA AT PRESENT GODAPUR, P.S.- NAWADA, DISTRICT- NAWADA. 2. REKHA DEVI, W/O- DIWAKAL PRASAD, R/O- VILLAGE MIRJAPUR, P.S.- NAWADA, DISTRICT- NAWADA. Versus 1. THE STATE OF BIHAR 2. PARTIMA RAY, WIFE OF B.L. RAY, R/O- VILLAGE GOBINDPUR, P.S.- NAWADA, DISTRICT- NAWADA. ----------- 2 29.10.2010 While assailing the order taking cognizance dated 18.2.2008 passed in Tr. No. 1306 of 2007 (Complaint Case no. 532(C) of 2003, it is contended on behalf of the petitioners that petitioner no. 2 had lodged an informatory petition before Sub- Divisional Magistrate, Nawada on 24.7.2003 whereupon learned Sub-Divisional Magistrate has called for report from the Officer-in- charge, Nawada Town Police Station by order dated 24.7.2003. I am afraid, on this count, the order impugned taking cognizance can be assailed. Learned Magistrate has recorded his satisfaction based on materials on record for taking cognizance. In that view of the matter, no illegality seems to have been committed in passing the order impugned. Petitioners will have adequate opportunity to raise/agitate all these issues at the relevant stage of the proceeding. The application lacks merit. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )