IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.55506 OF 2007 CHITRANJAN PRASAD, SON OF LATE KULDEEP PRASAD, RESIDENT OF VILLAGE POLYTECHNIC, WARD NO. 25, SAHARSA, POLICE STATION AND DISTRICT SAHARSA VERSUS THE STATE OF BIHAR ********* 3 13/12/2010 The petitioner is aggrieved of the order dated 20.09.2007 and the order taking cognizance dated 09.01.2001/19.07.2001 under Sections 182 and 211 of the Indian Penal Code. The petitioner had filed a case in which it is alleged that the Opposite Parties had cut the Sheesam trees and also threatened him with a country made pistol. The police submitted final form finding that the case was partly untrue. The petitioner thereafter filed a protest –cum- complaint petition, on the basis of which cognizance has been taken on 31.08.2004. On the recommendation of the Investigating Officer in the final form, regarding initiation of proceedings under Sections 182 & 211 of the Indian Penal Code, cognizance has been taken against the petitioner. Counsels for the petitioner submits that he was served notices of the cognizance vide Annexure-4 issued on 08.02.2007, which was received on 19.02.2007. On learning of the order taking cognizance, the petitioner filed a revision application challenging the 2 order passed in Misc. Case No. 118 of 2000. The Revisional Court rejected the revision application on the ground that it was delayed by six years. This Court on consideration of Annexure- 4 which is the notice to the petitioner issued on 18.07.2007 finds that in fact the delay in filing the revision application was not six yeas and, therefore, the Court had given wrong reasons for rejecting the revision application. Nonetheless, the question that arises before this Court is whether the criminal proceeding would remain pending against the petitioner under Section 182 and 211 of the Indian Penal Code arising out of a case in which cognizance has been taken by the Court below vide order dated 31.08.2004. Considering the nature of the offences and the allegation levelled, it would be proper that the case in which cognizance has been taken against the petitioner under Sections 182 & 211 of the Indian Penal Code should remain pending until final decision by the Trial Court in Saharsa Police Station Case No. 199 of 2000. This application is disposed of in the aforesaid terms. Anand ( Sheema Ali Khan, J. )