IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18119 of 2010 MD.PAPPU @ SK.PAPPU @ INTKAR ALAM, SON OF SK. BADRUL, RESIDENT OF VILLAGE – DHAKWA, P.S. DHAMDAHA, DISTT. PURNEA. ------- PETITIONER. Versus THE STATE OF BIHAR ----- OPPOSITE PARTY. ----------- 2. 27.1.2011 Heard the parties. The petitioner seeks quashing of the order dated 28.1.2010 passed by the Chief Judicial Magistrate, Bhagalpur, in Jagdishpur P.S. Case No. 170 of 2007 by which cognizance has been taken under Sections 279 and 304(A) of the Indian Penal Code. The facts of the case are that the present First Information Report was instituted for unnatural death of a person from whose pocket certain identity papers were found. During investigation, it transpired that the deceased was the Khalasi of a truck in which the petitioner was the Driver and, therefore, he was held responsible for having accidentally crushed to death the deceased. Considering that there is prima facie material against the petitioner, I see no illegality in the order of cognizance. The application is dismissed. S.Ali ( Anjana Prakash, J.)