IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11779 of 2008 DILIP YADAV & ORS Versus STATE OF BIHAR & ANR ----------- 02. 05.05.2010 Heard learned counsel for the petitioners and the State. The present application has been filed for quashing the order of cognizance dated 07.3.2007 passed by the learned S.D.J.M., Birpur in Nirmali P.S. Case No. 15 of 2003 whereby the cognizance has been taken under Section 364/201/34 of the I.P.C. It is contended by the learned counsel for the petitioner that initially the husband of the victim girl was charge-sheeted and put on trial and subsequently got acquitted. He further submits that thereafter, vide Annexure- 6, the application was filed for continuing further investigation and consequently the charge-sheet was submitted against the petitioners and then cognizance has been taken on 07.03.2007. The present stage of trial is not available on the record. Since after the submission of the charge-sheet, the learned Magistrate has found prima facie case, I am not inclined to interfere at this stage. However, petitioners are at liberty to raise all these contentions at the time of framing of 2 charge, if the charges have already not been framed. With the aforesaid observations, the application stands disposed of. Shageer (Dinesh Kumar Singh, J.)