IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1811 of 2009 Abhishek Kumar son of Madan Gopal Singh R/o village Supna P.S. Saraiya, Dist. Muzaffarpur ….Petitioner Versus The State of Bihar ………..opposite party. ------------------ For the petitioner : Mr. S. Parasmani, Advocate. For the State : Mrs Indu Bala Pandey, A.P.P. ------------- 3 19.12.2011 The accused petitioner has preferred this revision application against the order dated 20th August 2009 passed by the learned S.D.J.M, in Saraiya P.S. Case No. 233 of 2008, Tr. No. 21450 of 2009 by which cognizance has been taken against the accused for the offence under Sections 307, , 323, 341, 504/34 of the Indian penal Code Heard learned counsel for the petitioner and the learned counsel for the State. The main contention of the learned counsel for the petitioner is that charge sheet has not been submitted under section 307 of the Indian Penal Code but cognizance has been taken by the learned Magistrate also under section 307 I.P.C. There is no material for taking cognizance under section 307 I.P.C. After hearing both the parties and on perusal of the impugned order it appears that the learned Magistrate has considered the injury report and the material on the record and has found that prima facie case under section 307 I.P.C. is made out. I do not find any ground to interfere with the impugned order at this stage. The petitioner is at liberty to raise his grievance before the 2 learned trial court at the time of framing of charge. This petition is dismissed. M.Rahman (Amaresh Kumar Lal, J)