IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8828 of 2010 Shasi Shankar Kumar Yadav @ Pappu Yadav @ Shashi Shankar Kumar, Son of Ashok Yadav, Resident of Madhurapur, P.S. Bhawanipur, Distt. Bhagalpur. --------- Petitioner Versus 1. State of Bihar. 2. Rakesh Lal Gupta @ Rakesh Kumar, Son of Hira Lal Gupta, Resident of Village Bhawanipur, P.S. Bihapur, Distt. Bhagalpur. --------- Opp. Parties ----------- 2 30.03.2010 Heard Mr. Rajesh Kumar Singh, learned counsel for the petitioner and counsel for the State. At the outset, learned counsel for the petitioner would submit that there has been an inadvertent mistake in paragraph no.1 as also in the prayer portion wherein a prayer has been made for quashing of the order dated 11.1.2007 which ought to have been the order dated 28.1.2010. That being so, counsel for the petitioner is permitted to make necessary correction in the paragraph no.1 and the prayer portion. Coming to the merits of this case, this Court would not find any error either in the revisional order dated 28.1.2009 wherein the revisional court while setting aside the 2 earlier order of the trial court has rightly held that the informant will have a right of being heard prior to the acceptance of a final form and therefore has also correctly remitted the whole matter to the learned Magistrate for his reconsideration. This Court, therefore, would find no error in the revisional order. Coming next to the impugned order dated 28.1.2010, it would be found that the court below has applied its mind and has found that there were materials in the case diary for constituting the offence u/s 447, 341, 323 and 504 I.P.C. Once such findings is recorded only for the purposes of taking cognizance of offence, this Court can not go into the defence of the petitioner which has been sought to be developed for assailing the said order. Such defence of the petitioner can definitely be looked into at the appropriate stage but not atleast the time of taking cognizance. The court at the stage of taking cognizance has to only find a prima-facie case and there also it has to restrict itself strictly to the materials on record collected 3 by the police in course of investigation. That being so, this Court also not find any error in the order dated 28.1.2010. In the result, this application being devoid of any merit is hereby dismissed. Rsh (Mihir Kumar Jha, J.)