IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48118 of 2007 MATUK NATH CHOUDHARY S/O LATE YUGAL KISHOR CHOUDHARY R/O VILL. JAIRAMPUR, P.S. BIHPUR, DIST. BHAGALPUR. --- PETITIONER Versus 1. THE STATE OF BIHAR 2. SMT. ABHA KUMARI @ ABHA CHOUDHARY D/O LATE SHIO NANDAN SINGH R/O VILL. JOKIA P.S. BIRPUR, DIST. BEGUSARAI AT PRESENT RESIDING MIG 21 HANUMAN NAGAR, P.S. PATRAKAR NAGAR, DIST. PATNA. --- OPP. PARTIES. FOR THE PETITIONER : MR. AJAY KUMAR THAKUR, ADVOCATE. FOR THE OPPOSITE PARTY NO.2: MR. R.K.PATHAK, ADVOCATE. FOR THE STATE :MR.M.N.JHA, A.P.P. . ----------- 03. 23.03.2010 Heard learned counsel for the petitioner, complainant and the State. Petitioner seeks to challenge the order dated 05.01.2007, passed in complaint case no.2055(c ) of 2006, whereby the learned Magistrate has taken cognizance of the case under diverse Sections of the Penal Code including Sections 341, 323 and 498A of the Penal Code. Learned counsel for the petitioner emphasized that the allegations made in the complaint do not constitute offence(s). It would appear from the impugned order itself that the learned Magistrate perused the complaint and considered statement made by the three enquiry witnesses, and after having been satisfied that a prima facie case reflects from those materials, has taken cognizance of the offence. 2 This Court also perused the complaint (Annexure-1). The allegations/averments made therein do, prima facie, constitute offence(s). There is no merit in this application. It is, accordingly, dismissed. Sym ( Kishore K. Mandal, J.)