IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.9053 OF 2008 RUDRA NATH MISHRA, SON OF LATE BADRI NATH MISHRA, RESIDENT OF VILLAGE GIRIDHARPATTI, POLICE STATION CHHATANAUR, DISTRICT SUPAUL VERSUS 1. THE STATE OF BIHAR 2. RAGHUBIR DAS, SON OF LATE MAHANTH NARAIN DAS, RESIDENT OF VILLAGE CHAKBHARO, POLICE STATION SIMARI, BAKHTIYARPUR, DISTRICT SAHARSA …………………………………………………………………….OPPOSITE PARTIES ***** 2 22/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has filed this application challenging the order dated 22.07.2005 passed in Complaint Case No. 1612 (c) of 2005 by which the Judicial Magistrate, 1st Class, Saharsa has taken cognizance for the offence under Section 504 and 406/34 of the Indian Penal Code against the petitioner. Learned Counsel for the petitioner submits that the allegation in the complaint petition is that 7 bighas and 2 kathas of land were donated to the school in question. The income of the land was to be deposited for the growth of the school. It is alleged that money has not been deposited since 1967 in the school account. Learned Counsel for the petitioner submits that as far as this petitioner is concerned, there was an enquiry conducted by the District Superintendence of Education and he has found that after holding a bid for 2 the settlement of the land in question, the petitioner has deposited the money in the school account. This document by the District Superintendent of Education cannot be considered by this Court at this stage. I find no illegality in the impugned order. However, the petitioner would have leave to bring this document at an appropriate stage of this case to substantiate his claim. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)