IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52632 of 2007 1. KALIKA SINGH, S/o Late Ram Badan Singh, Residnent Of Mohalla Agriculture Area, P.S.-Shidgorra, Dist.- Jamshedpur. 2. Ganesh Prasad @ Ganesh Deo Rai, S/o Balram Prasad, Resdident of Mohalla-New Tata Line, P.S.-Golmuri, Dist.-Jamshedpur. 3. Pappu Sharma, S/o Late Madan Mohan Sharma, Resident Of Mohall P.S.-Bhooimadih, Dist.-Jamshedpur. 4. Sudhir Rai @ Sudhir Kumar Rai, S/o Asharfi Rai, Resident Of Mohalla-Ashok Bihar, P.S.-Govindpur, Dist.- Jamshedpur. ……..Petitioners. Versus 1. THE STATE OF BIHAR. 2. Shiv Nag Singh, S/o Late Gaya Singh, Resident of Village- Nandnagar Agrico, P.S.-Sidgorra, Dist.-Eastern Singhbhoom. ----------- For the Petitioner : Mr. Tej Pratap Singh, Adv. For the O.P. No.2 : Mr. Amitabh Bhardwaj, Adv. ------------ 03. 09.04.2010 The petitioners have sought quashing of the order dated 28.09.2007 passed in Arrah Muffasil P.S. Case No. 68 of 2006 by Chief Judicial Magistrate, Arrah by which he has taken cognizance under Sections 302 and 201/34 of the Indian Penal Code even though the charge-sheet was submitted under Section 304(A) and 201/34 of the Indian Penal Code. The prosecution case is that on 30.04.2006 the informant’s son Pramod was allegedly shot dead by the petitioner No. 1. However, during investigation it transpired that there were contradictions in the - 2 - case and therefore the investigating officer arrived at a conclusion that in fact it was a case under Section 304(A) and not Section 302 of the Indian Penal Code. The petitioners are aggrieved since the Court has disagreed with the Sections mentioned in the charge-sheet. In my view, at the stage of cognizance the Court takes cognizance of the case and is merely to see as to whether prima facie an offence is made out in the facts of the case. In view of such, there is no merit in the application and the same is dismissed. However, if the petitioners have any grievance they may raise the same at the stage of framing of charge which would be an appropriate stage. Vikash/- (Anjana Prakash, J.)