IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.8692 OF 2008 SUBHASH SINGH, SON OF SHRI RAMPUKAR SINGH, RESIDENT OF VILLAGE JHAUWAN TOLA, POLICE STATION AWATARNAGAR, DISTRICT SARAN (CHAPRA) VERSUS THE STATE OF BIHAR ******** 2 17/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. Learned Counsel for the petitioner submits that the Chief Judicial Magistrate, Chapra has taken cognizance in Awatarnagar Police Station Case No. 12 of 2000 by order dated 12.04.2004. The petitioner has moved this Court after a delay of four years. In any event, learned Counsel submits that the Court has deferred with the findings of the Investigating Officer of this case and took cognizance against the petitioner without giving specific reasons for deferring with the final form. However, I find that the Court below has taken cognizance after perusing the case diary of this case. Counsel for the petitioner, on the other hand, submits that there is not an iota of evidence against the petitioner in the case diary. The petitioner may raise this issue at the time of framing of charge and if the Court below finds 2 that there is no material in the case diary, it would be open for the Court below to discharge the petitioner. This application is accordingly disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)