IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7399 of 2008 KALANAND SHARMA S/O RAJESHWAR SHARMA R/O VILLAGE- KHAJURI, PS- BHARGAMAM, DISTT- ARAIA------------------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE FOREST RANGE OFFICER, ARARIA, PS+ DISTT—ARARIA—---- -------------------OPPOSITE PARTIES ----------- 2 17.4.2009 Heard learned counsel for the parties. Petitioner has been compelled to approach this High Court against the order taking cognizance dated 11.12.2002 passed by learned Chief Judicial Magistrate, Araria under several sections of Indian Forest Act in Complaint Case No. CC 321 of 2001. On a complaint filed by Forest Range Officer, Araria the prosecution was initiated. Learned counsel for the petitioner submits that all along in the record, the complaint etc. the allegation was against Kulanand Sharma but finally when the order of cognizance was taken on 11.12.2002 it seems that by over sight of the Chief Judicial Magistrate, the name of accused has been described as Kalanand Sharma. This is the reason why the petitioner has approached this High Court for quashing of the said order. Submission made on behalf of the petitioner seems to be correct to some extent because the order taking cognizance states the name of Kalanand Sharma instead of Kulanand Sharma. There seems to be some force in the submission made by learned counsel for the petitioner in this regard. There is obvious mistake since there are similar sounding name and the petitioner is alleged to have two brothers having the names of Kulanand Sharma and - 2 - Kalanand Sharma with the same parentage and residence. The order taking cognizance against Kalanand Sharma in this regard is quashed and the order is hereby will mean to read Kulanand Sharma and not Kalanand sharma. Let proper steps be taken by the court of Chief Judicial Magistrate Araria in this regard. This application is allowed to the above extent. RPS (Ajay Kumar Tripathi,J.)