IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14863 of 2007 SUGREEV SINGH Versus STATE OF BIHAR & ANR ----------- 3. 12.9.2008. Heard the learned counsel for the petitioner as also the learned counsel for O.P. No.2 and the learned A.P.P. for the State. By this application the petitioner who happens to be the husband of O.P. No.2, has prayed for the quashing of the order dated 1.9.2006 passed by the learned Sub Divisional Judicial Magistrate, Rohtas at Sasaram, in Complaint Case No.1372(C) of 2005, whereby he has taken cognizance under Section 498-A I.P.C. and has issued process against the petitioner and 5 others. After arguments were advanced by both the contesting parties, to a Court question, the learned counsel for the petitioner stated that the trial is going on and several witnesses have been examined in this case. In that view of the matter, when the trial has already proceeded and the witnesses have been examined, it is too late in the day now to give a decision on the propriety of the order taking cognizance. It would have been very fair on the part of the learned counsel for the petitioner to have stated at the very outset about the progress having been made in this case instead of arguing against the order taking cognizance. For the reasons stated above, I find no merit in this application which is dismissed. P.S. (Abhijit Sinha,J)