IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17640 of 2007 GAYA SHARMA & ORS Versus THE STATE OF BIHAR & ANR ----------- 5 6.5.2009 Heard learned counsel for the petitioners, learned counsel opposite party no.2 and learned APP for the State. Petitioners are aggrieved because cognizance has been taken by Chief Judicial Magistrate, West Champaran at Bettiah vide order dated 24.1.2007 in Shikarpur P.S. Case No. 181 of 2006 in several sections of the Indian Penal Code including section 307 of the Code. Submission of learned counsel for the petitioners is that no ingredients for the offence under section 307 of the Code is made out and to that extent the court below has committed an error. In absence of sufficiency of materials and evidence, the Court is not inclined to entertain or interfere with the order taking cognizance. But liberty is given to the petitioners that they shall raise all that points which may be available to them at the time of framing of charge including the fact that ingredients of section 307 of the Code are not made out. Dismissal of this quashing application is not a reflection in any manner upon the merit of such submission because the Court is not inclined to entertain or interfere with the order taking cognizance at this stage. This application is dismissed with the above liberty. RPS (Ajay Kumar Tripathi,J.)