IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30242 of 2008 Daljit Singh, Son of late Diwan Singh, Resident of Mohalla Main Road, Mokama, P.S. Mokama, District Patna --- Petitioner Versus The State Of Bihar ---- Opposite Party For the Petitioner : Mr. Akhileshwar Prasad Singh, Sr. Advocate For the State : Mr. Jharkhandi Upadhyay, A.P.P. ----------- 2 23.6.2011 The petitioner has challenged the order dated 7.6.2008 passed in Mokama P.S. Case No. 50 of 2000 by the Additional Chief Judicial Magistrate, Barh taking cognizance under Section 47(a) of the Excise Act. The grounds disclose that the petitioner is aggrieved by the fact that the final report of the I.O. was not accepted by the Additional Chief Judicial Magistrate, Barh and he has differed with the findings and taken cognizance under Section 47(a) of the Excise Act. From the record it would appear that the defence raised on behalf of the petitioner is that he is politically involved in the area and has opposed the candidature of the present brother against whom the younger brother of the petitioner had contested the Mokama Legislative Assembly election. These aspects of the matter can hardly be considered at the stage of taking cognizance. At paragraph 10 of this petition, it has been stated that the petitioner has documents such as the certificates of the Bank of Baroda, Copy of From-C1, issued by the Office of the Assistant Commissioner of Commercial Tax, Bihar, Circle Barh, Patna, copy of the electricity bill, Certificate of District 3250 of Rotary International etc. which would indicate 2 that the allegations are false and fabricated. All these documents cannot be taken into account either by this Court or by the Court below at this stage of the case. I, therefore, find no illegality in the order taking cognizance. This application is dismissed. Sanjay ( Sheema Ali Khan, J.)