IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28814 of 2009 Phula Devi, Wife of Ramawtar Mahto, resident of village- Meghawli Tola Semra, Srirampur, P.S. Gaunaha, District- West Champaran (Betiah). Versus Sttae Of Bihar ----------- 2 23.09.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for State. This petition under Section 482 of the Criminal Procedure Code has been preferred against the order dated 14.01.2009 passed by learned Chief Judicial Magistrate, Bettiah in Gaunaha P.S. Case No. 30 of 2008 by which and whereunder he took cognizance for the offences under Sections 302, 201/34 of the Indian Penal Code against petitioner and other five accused persons. It would appear from perusal of the record that on the basis of Fardbeyan of informant Thag Mahato, Gaunaha P.S. Case No. 30 of 2008 was registered and, subsequently, after investigation police submitted charge sheet for the offences under Sections 302, 201/34 of the Indian Penal Code against the petitioner and five other accused persons. The contention of learned counsel for the petitioner is that there was no material on record against the petitioner to show her participation in the alleged crime and there was also a counter case between the parties but learned Chief Judicial Magistrate, Betiah did not pay any heed towards the aforesaid material and without applying his judicial mind passed the 2 impugned order which is bad in the eye of law. In my view, this petition can be disposed of on admission stage itself with this observation that the petitioner may raise all the aforesaid points at the time of framing of the charge because it appears from the record that the case of the petitioner has already been committed to the Court of Sessions and presently, it is pending in the Court of 4th Additional Sessions Judge, Bettiah as Sessions Trial No. 214 of 2009. In the aforesaid circumstance, this petition is dismissed on admission stage itself with liberty to petitioner to raise all the above stated points at the time of framing of the charge, if the charge has not been framed against the petitioner as yet, and if the above stated points are raised before learned trial Court before framing of the charge, the aforesaid points shall be considered by learned trial Court in accordance with law without being prejudiced by this order. Md. Ibrarul ( Hemant Kumar Srivastava, J.)