IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40126 of 2006 SURESH PRASAD Versus STATE OF BIHAR & ANR ----------- 6 18.8.2008 Heard learned counsel for the petitioner as also the learned counsel for O.P. no. 2 and the learned A.P.P. for the State. The petitioner through this application prays for quashing of the entire criminal proceeding of Sangrampur P.S. Case No. 32 of 2004 including the order dated 9.8.2006 passed therein by learned Chief Judicial Magistrate, East Champaran at Motihari, whereby he has taken cognizance for offences under sections 363, 366A I.P.C. The submission advanced by the learned counsel for the petitioner is that on the date and time of occurrence he being school teacher was present in school and had no connection or concern with the occurrence. He also tried to refer to paragraphs nos. 36 and 37 of the case diary where the involvement of co-accused is referred to as one of the persons taking away the victim girl but the petitioner had not been named. The submission advanced by the learned counsel for petitioner though alluring, however, in fact is his defence which unfortunately cannot be looked into in a proceeding under - 2 - section 482 Cr.P.C. He may however raise these issues at the time of framing of charge. In view of the observations made above I find no merit in this application which is dismissed. However, as stated above the petitioner if he so desire may raise these issues at the time of framing of charge. Spd/- (Abhijit Sinha, J.)