IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44023 of 2008 Ram Pravesh Ray @ Ram Pravesh Rai, son of Bhikar Ray, village Madhuban, PS Khanpur, District Samastipur – Petitioner. Versus State Of Bihar 2 29.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order taking cognizance, dated 7.1.2008 passed in Khanpur PS Case No. 25/2007 by the C.J.M, Samastipur. Learned counsel for the petitioner submits that the impugned order is defective inasmuch as no offence is made out under section 33 of the Penal Code. The petitioner and other accused persons had not inflicted any grievous injury on the public servant. As per the First Information Report it is said that the petitioner and others came and tried to kill Shahnawaz who is said to be a Panchayat Secretary. A Panchayat Sewak is a public servant. Whether injury was inflicted or not, has to be examined. In case it is found that no injury was inflicted, obviously the court below at the stage of framing charges will take it into account and alter the charges accordingly. The petitioner would be at liberty to raise any other issue at that stage. This application is disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J.)