IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45026 of 2007 INDESHWAR MANDAL Versus THE STATE OF BIHAR ----------- 2/ 19/01/2009. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order of cognizance dated 22.4.2006 under Sections-323, 325, 341, 353 and 504 of I.P.C. The allegations are that the informant, a police officer, was engaged in removal of encroachments from the road side in pursuance of the orders of this Court when the mob was protesting. The petitioner was subsequently identified as one of them and that he attempted to catch hold of the police officer and also sought to press his neck. This Court finds substance in the contention of the petitioner to the limited extent that even reading the allegation as it is, the nature of assault alleged against him, no offence under Section-307 of I.P.C. is made out. Learned counsel for the State, from the allegations in the F.I.R., finds it difficult to support even prima facie applicability of Section-307 of I.P.C. Insofar as the order of cognizance under the other provisions of I.P.C. is concerned, this Court finds no occasion to interfere with the same. 2 The application is allowed only to the extent that the order of cognizance in Pirbahore P.S. Case No.65/06, pending before the court of the Chief Judicial Magistrate, Patna is quashed to the extent that it takes cognizance against the petitioner under Section-307 of I.P.C. only. The trial of the petitioner shall continue under the other provisions of I.P.C. The application is allowed to the extent indicated above. KC ( Navin Sinha, J.)