IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15875 of 2010 1. MD. ISLAM SON OF MD. JAHIR 2. MD. AYUB @ AIJUB SON OF MD. TASLIM, BOTH RESIDENTS OF ISLAMIA CHOWK, P.S. & DISTRICT SAHARSA …. PETITIONERS Versus 1. THE STATE OF BIHAR 2. BECHANI DEVI WIFE OF RAMA KANT SADA, RESIDENT OF VILLAGE AINADIH, P.S. MAHISHI, WARD NO.10, DISTRICT SAHARSA …… OPPOSITE PARTIES ----------- 3. 13.1.2011 The petitioners have sought quashing of the order dated 20.3.2010 passed by the Chief Judicial Magistrate, Saharsa in Saharsa Sadar P.S. case No.306 of 2009, by which he has taken cognizance u/s.376(G) and 379 I.P.C. and Section 3(1)(XII)/3(2)(v) of the S.C/S.T Act. The petitioners have prayed for quashing of cognizance on the ground that subsequently the informant filed a petition exonerating the petitioners as also that she was in the habit of filing false cases. I am unable to appreciate the contentions raised on behalf of the petitioners since it is an established principle of law that at the stage of cognizance only the prima facie case has to be considered by the court below. In view of such, the application is dismissed. Narendra/ ( Anjana Prakash, J. )