IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51471 of 2008 Permanand Sahu & Ors Versus State Of Bihar For the petitioner— Mr.Satya Narayan Mishra Mr. Basant Kumar Mishra For the State ----Mr.Bhanu Pratap Singh 02 21.10.2011 This application, under Section 482 Cr.P.C, is directed against the order dated 7.7.08 passed by the Additional Chief Judicial Magistrate, Rosera ( Samastipur) in Hasanpur in P.S.Case No.62 of 2003 taking cognizance of the offence under Section 341,324,326,307/34 of the Indian Penal Code as against the accused petitioners. The sole argument as advanced on behalf of the accused petitioner is that while the police on investigation has submitted the final form against the accused petitioners, inspite of that the learned Additional Chief Judicial Magistrate took the cognizance of the offence illegally ignoring the facts that there is previous enmity of the accused petitioner with Braj Kishore Pathak. From the perusal of the impugned order dated 7.7.08, it appears that the learned Magistrate has discussed the material available in the diary as detail and has a right in conclusion that prima facie case is under Section 341,324, 326,307/34 of the I.P.C are made out . I find no illegality in the impugned order. Accordingly this application is dismissed. As such defence as 2 raised by the petitioners herein, are liberty to raise all points in trial at the appropriate stage. Namita ( Rajendra Kumar Mishra ,J.)