IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11325 of 2009 JAGGARNATH YADAV, SON OF BALI RAM YADAV, RESIDENT OF VILLAGE-GAUSAGHAT NAVTOLI, P.S. SADAR, DISTRICT DARBHANGA …. PETITIONER Versus 1. THE STATE OF BIHAR 2. VISHWANATH YADAV, SON OF LATE GOPAL YADAV, RESIDENT OF VILLAGE GAUSAGHAT NAVTOLI, P.S.-SADAR, DISTRICT-DARBHANGA …….. OPP. PARTIES ----------- 2 21.09.2010 The petitioner has sought quashing of the order dated 2.9.2006 passed by the Chief Judicial Magistrate, Darbhanga in Sadar P.S. Case No. 264 of 2005, by which he has taken cognizance u/ss.341, 323, 109, 427 and 307/34 I.P.C. as well as the revisional order dated 21.2.2009 passed by the Additional Sessions Judge, FTC No.1, Darbhanga in Cr. Rev. No. 554 of 2006, by which he has refused to interfere into the mater on the point that in the facts of the case no offence u/s.307 I.P.C. is made out. It is well established at the stage of cognizance the Sections are immaterial and the Court has merely to see whether prima facie any offence whatsoever is made out against the petitioner. In view of such, the application is dismissed. Narendra/Ashwini ( Anjana Prakash, J. )