IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40984 of 2007 SURESH KUMAR SHRIVASTAVA, SON OF LATE SANT PRASAD RESIDENT OF VILLAGE- SOBHEPUR, POLICE STATION- BHELDI (PARSA) DISTRICT- SARAN. Versus 1. THE STATE OF BIHAR 2. SATYA NARAYAN MANGHI, SON OF ASHARFI MANJHI, RESIDENT OF VILLAGE- MEHIA, MALA, POLICE STATION- CHAPRA MUFASSIL, DISTRICT- CHAPRA. ----------- 4 17.08.2010 Heard both sides. Petitioner is accused of Bheldi P.S. case no. 59 of 2006 instituted under diverse sections of Indian Penal Code as also Section 3(1-X) of S.C./S.T. (Prevention of Atrocities) Act. On conclusion of investigation, charge-sheet was submitted which gave rise to the order impugned whereby cognizance has been taken by the learned Magistrate after recording his satisfaction regarding presence of prima facie case against the petitioner. Learned counsel for the petitioner assails the order impugned on diverse grounds. It is stated that the informant (O.P. no. 2) himself filed an affidavit (Annexure-3) immediately after few weeks affirming therein that his signature appearing on the F.I.R./fardbeyan was fake and fictitious. It is next submitted that the witnesses cited in the F.I.R. namely Ratnesh Kumar Verma is hostile to the petitioner from before as the maid servant of the petitioner had filed a criminal case against him under Section 376 IPC which is currently pending trial. Learned counsel submits that the order passed by Learned Magistrate is mechanical and, therefore, suffers from the vice of non-application of judicial mind. 2 Learned counsel on these facts submitted that the present prosecution at the instance of persons hostile to the petitioner is malicious. Learned counsel appearing on behalf of the O.P. no. 2 placed the F.I.R. and submits that even going by the allegations contained therein which have been found to have been substantiated during investigation, a prima facie case is made out against the petitioner. At the stage of taking cognizance, the court has to satisfy itself from the documents/records placed along with the final report/charge-sheet as to whether a prima facie case is made out. A meticulous examination of the veracity of the material/allegation, at this stage, is not, required to be gone into. Learned Magistrate has recorded in the impugned order that on going through the police papers including case diary, he is satisfied about the presence of a prima facie case. Considering the confines of the jurisdiction invoked by learned Magistrate, I am not inclined to interfere with the order impugned. Petitioner shall have adequate opportunity to agitate his grievance(s) at the appropriate stage of the proceeding. The application is dismissed. pkj ( Kishore K. Mandal, J. )