IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39756 of 2007 1. MD.OBEDUR RAHMAN @ LAl BAHDUR SON OF MOTIUR RAHMAN 2. RAHIMUDDIN @ RAHIM SON OF LATE GHULAM MOHAMMAD @ DHORWA MORAL 3. MD. MATIUR RAHMAN SON OF LATE MOHIRUDDIN 4. SAIDUL @ SAIDULLAH @ SAHEDULLA SON OF LATE GHULAM MOHAMMAD @ DHORWA MORAL 5. JAHANGIR @ JAHANGIR ALAM, SON OF LATE GHULAM MOHAMMAD @ DHORWA MORAL 6. AKBAR ALI @ AKBAR SON OF LATE GHULAM MOHAMMAD @ DHORWA MORAL 7. ARIFUR RAHMAN @ BADAL SOIN OF LATE NATU SARKAR 8. ABUL KALAM @ AJU SON OF LATE GHULAM MOHAMMAD @ DHORWA MORAL 9. JUBAIR ALAM @ JUBED MUNSHI SON OF ABU MUNSHI 10. HUSSAIN AHMAD @ HUSSAIN SON OF LATE YUSUF COMPOUNDER 11. MD. ZAHIRUDDIN @ ZAHIR SON OF LATE NASIRUDDIN 12. ROBUUDAL @ RABI SON OF LATE HOBI 13. ALL RESIDENT OF VILLAGE MADARGACHI, P.S.- ABADPUR, DISTRICT KATIHAR Versus 1. STATE OF BIHAR 2. JAJEMUL @ JAJAMUL SON OF LATE SAMIRUDDIN R/O VILLAGE- MADARGACHI, P.S.- ABADPUR, DISTRICT- KATIHAR ----------- 5 19/03/2010 Heard the parties. The petitioners have challenged the order dated 5.12.2003 passed in Complaint Case No. 1458 of 2003 by the learned Judicial Magistrate, Katihar whereby cognizance for the offence under Sections 323, 379, 147, 427 and 447 of the Indian Penal Code has been taken against them. Order of the year 2003 has been challenged before this Court by way of instant petition under Section 482 of the Code of Criminal Procedure in the year 2007 but it has been submitted that the case is still pending. 2 It is submitted by the learned counsel for the petitioners that the order taking cognizance is bad because it is a counter version of the earlier occurrence for which the petitioner no. 4 has given information to the police. It has also been submitted that some of the accused persons are the government servants and the case has been lodged only for putting pressure. At the time of taking cognizance the court is not required to go into the defence of the accused persons which they may take after their appearance. At the stage of taking cognizance the Court has only to see that as to whether any prima facie case is made out or not. In the instant case the learned court below has passed the order taking cognizance after finding a prima facie case. The impugned order is correct and needs no interference of this Court. This application has no merit. Accordingly, it is dismissed. avin (Shyam Kishore Sharma, J.)