IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12484 of 2009 DEVENDRA RAI, son of Shri Dev Rai, resident of mohalla – Damrahi Ghat, P.S. – Malsalami, District – Patna. ------------ Petitioner. Versus THE STATE OF BIHAR ----- Opposite Party. ------- 02. 29.09.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application under section 482 of the Criminal Procedure Code seeking quashing of order dated 05.09.2007 passed by Shri Rajeev Kumar, Judicial Magistrate, 1st Class, Patna City in Malsalami P.S. Case No. 33/2007 taking cognizance for the offence under sections 304(B)/120(B)/201/34 of the Indian Penal Code. The main contention of learned counsel for the petitioner is that petitioner is neither husband nor relative of the deceased, so cognizance for the offence 304(B) of the Indian Penal Code is bad against him. Learned Additional Public Prosecutor pointed out that by the impugned order cognizance for the offences against five persons including the petitioner has been taken and some of the persons are relative of husband of the deceased, so the plea taken by the petitioner may effectively considered at the time of hearing on the point of charge by the trial court. Finding substance in the submission of learned Additional Public Prosecutor that without affecting right of - 2 - the petitioner to agitate all his points at the time of hearing on the point of charge before the trial court. Accordingly, this application stands disposed of at the admission stage itself. Rajeev/ (Akhilesh Chandra, J.)