IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13209 of 2008 1. PARWATI DEVI W/O SUDAMA MAHTO 2. SUDAMA MAHTO SON OF LATE RAMANAND MAHTO 3. RAJESH KUMAR SON OF RAM SURAT MAHTO --- PETITIONERS Versus STATE OF BIHAR . --- OPP. PARTY For the Petitioners : Mr. Dinesh Prasad Verma, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 03 29.10.2010 Present application questions the sustainability of order dated 09.12.2002 passed by learned Judicial Magistrate, Ist Class, Jehanabad in complaint case no. 444 of 2002. By the said order learned Magistrate has taken cognizance under Sections 494A, 323 of the Penal Code and directed for issuance of summons. The present application was lodged in this Court on 20.03.2008. On perusal of the order impugned it appears that learned Magistrate has applied his judicial mind to the facts of the case and has come to the conclusion that there is/are prima facie material on record justifying the order taking cognizance. Considering the contents of the order impugned as also the fact that the same was passed on 09.12.2002, this Court is not inclined to interfere therewith. The application is dismissed. Sym ( Kishore K. Mandal, J.)