IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.55700 OF 2007 SHIV KUMAR AGRAWAL PRANSUKHA @ SHIV KR.AGRAWAL, SON OF LATE RADHA KRISHNA AGRAWAL PRANSUKHA, RESIDENT OF MOHALLA MARWARI TOLA LANE, NEW KANYA PATHSHALA, POLICE STATION SUJAGANJ (KOTWALI), DISTRICT BHAGALPUR VERSUS 1. THE STATE OF BIHAR 2. SHAYM SUNDER PANCHERIWALA, SON OF LATE RAGHUWAR DAYAL PACHERIWALA, MANDICHAK, SAUKHI PRASAD LANE, POLICE STATION KOTWALI, DISTRICT BHAGALPUR …………………………………………………………………….OPPOSITE PARTIES ********** 2 25/03/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed for quashing of the order dated 12.03.2004 passed in Complaint Case No. 770 of 2001 by which the Judicial Magistrate, 1st Class, Bhagalpur has taken cognizance for the offences under Sections 420, 323 and 504 of the Indian Penal Code. I find that the order of cognizance is of the year 2004 and it is hoped that the Court below must have concluded the trial by now. In case, the matter does not stand concluded, the Court below will consider the submissions of the petitioner that the petitioner is not liable to be tried under Section 420 of the Indian Penal Code as there is no document to show that the petitioner was a partner of the firm or Jai Prakash Agrawal against 2 whom it has been alleged that he had taken a loan from the complainant. Counsel for the petitioner further submits that he is a member of the family and there is several litigations pending between Jai Prakash Agrawal and this petitioner and as such there is no question that he would be the party to the dealings of accused no. 3 in the complaint petition. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)