IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9903 of 2008 GANESH PRASAD SINGH, S/O LATE NIRJASHU BHAGAT, RESIDENT OF VILLAGE BEYADIH, P.O. RAGHUNATHPUR, P.S. SARAIA, DISTRICT MUZAFFARPUR .. PETITIONER Versus THE STATE OF BIHAR .. OPPOSITE PARTY **** /2/ 12.05.2010 Heard the counsel for the parties. 2. This application is directed for quashing the order taking cognizance, dated 14.11.2007, passed by the Judicial Magistrate, 1st Class, Muzaffarpur, in Tr. No. 3292 of 2008 (G.R. No. 1441 of 2007) under Sections 341, 323 and 324 of the Penal Code. 3. The learned counsel for the petitioner, however, submits that the case was filed under Section 307 and allied sections of the Penal Code, but, the cognizance has not been taken under Section 307 of the Penal Code and it has been taken under Sections 341, 323 and 324 of the Penal Code and even though the protest petition was filed by the petitioner, but, he was not heard on the protest petition and the impugned order was passed taking cognizance leaving Section 307 of the Penal Code and, hence, the impugned order is set aside and the case is remanded back to the lower Court with a direction to pass the order after hearing the petitioner on protest petition. 4. With these observations and directions, this application is disposed off. S.A. ( Gopal Prasad, J. )