IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10930 of 2010 CHANDRA BHUSHAN MISHRA SON OF LATE MADAN MISHRA, RESIDENT OF VILLAGE MAHINAM, PS BAHERA, DISTRICT DARBHANGA .....PETITIONER Versus 1. THE STATE OF BIHAR 2. DINESH MISHRA, SON OF TRILOK MISHRA, RESIDENT OF VILLAGE MAHINAM PS BAHERA DISTRICT DARBHANGA ...OPPOSITE PARTIES ----------- 3 08-09-2010 Heard learned counsel for the petitioner and learned counsel for the State. The impugned order of cognizance dated 7-1-2010 shows that learned Additional Chief Judicial Magistrate, Benipur (Darbhanga) noticed that police had submitted final form holding the case to be false but on perusal of the entire materials including the contents of the case diary, the learned Magistrate found materials to constitute prima facie case and on such finding he took cognizance for offence under sections 341, 323, 448 and 379 of the IPC. The revision application filed by the petitioner has been dismissed by the learned Sessions Judge, Darbhanga on 21-1-2010. Only because there is case and counter case and the present case was lodged one day after through 2 complaint petition, it is not possible to interfere with the order of cognizance in exercise of power under section 482 of the Code of Criminal Procedure. This application is, therefore, dismissed. It will be open to the petitioner to make suitable submissions before the court below at the time of framing of charge. BKS/- (Shiva Kirti Singh, J.)