IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54812 of 2007 PRABHAT KUMAR son of late Niranjan Prasad, resident of village-Paharpur (Pappu Pen Store), P.S.-Fatehpur, district- Gaya ……. ……Petitioner Versus 1.THE STATE OF BIHAR 2.Sunita Devi wife of Prabhat Kumar, resident of village-Paharpur, P.S.-Fatehpur, Dist.-Gaya at present residing of mohalla-New Godown, infront of Magadh Lok Complex, Maharani Road, P.S.-Kotwali, Dist.-Gaya ……. …….Opp.Parties. ----------- 6. 27.9.2010. Heard Mr. Bipin Kumar learned counsel for the petitioner, learned counsel for opposite party no.2 and learned Additional Public Prosecutor appearing on behalf of the State. The present petition was filed mainly for quashing of the order dated 18.9.2007 passed by learned Sub. Divisional Judicial Magistrate, Gaya. By the said order, the learned Magistrate has taken cognizance of the offence under section 498A and section 4 of the Dowry Prohibition Act. At the very outset learned counsel for the petitioner informed the court that in the case evidence is going on. Keeping in view the fact that evidence has already started, it would not be proper to pass any positive order. Accordingly, the petition stands rejected. Md.S. ( Rakesh Kumar, J.)