IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44478 of 2008 Raj Kumar Rai, son of Sri Ram Bahadur Rai, village Sherpur, Jayanti Gram, Sahlori, PS Bhagwanpur, Dist. Begusarai – Petitioner. Vs. 1) The State of Bihar, 2) Sri Ram Krishna Rai @ Ram Kripal Rai, son of Sudama Rai, village Sherpur, Jayanti Gram, Sahlori, PS Bhagwanpur, Dist. Begusarai – Opp. Parties. 2 29.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 5.9.2007 passed in Complaint Case No. 1148C/2004 by the Judicial Magistrate, 1st Class, Begusarai. Counsel for the petitioner submits that the petitioner has filed an application in the aforesaid complaint case stating therein that a case under section 406 and 420 of the Penal Code is made out in view of the evidence that has come on record. It is submitted that the trial in this case has proceeded under sections 323 and 504 of the Penal Code. The court after perusing the evidence and the witnesses has come to the conclusion that there is insufficient evidence to hold that an offence under sections 406 and 420 of the Penal Code is made out and as such the application of the petitioner-complainant is not maintainable. I find no illegality in the reasoning of the court below and the application filed by the petitioner cannot be allowed on the ground mentioned in this application. If the court is prima facie of the opinion that a case under sections 406 and 420 of the Penal Code is not made out, then there was no occasion to covert the 2 case under one to be tried as a warrant case. This application is, thus, dismissed. It goes without saying that the court below will always have the power to alter the charges if he finally thinks it essential for the ends of justice. haque ( Sheema Ali Khan, J.)