IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.187 OF 2010 UGENDRA MANDAL @ UGENDER MANDAL, SON OF LATE AJAB LAL MANDAL, RESIDENT OF VILLAGE LAKARI KOLA, POLICE STATION BANKA, DISTRICT BANKA VERSUS 1. THE STATE OF BIHAR 2. PRAKASH THAKUR, SON OF LATE SITABI THAKUR, RESIDENT OF VILLAGE MAHESHADIH, POLICE STATION BANKA, DISTRICT BANKA ……………………………………………………………OPPOSITE PARTIES ********* 2 27/04/2010 The petitioner has filed this application challenging the order dated 13.10.2009 passed in Banka Police Station Case No. 32 of 2009 by which the Chief Judicial Magistrate, Banka has taken cognizance for the offences under Sections 409, 465, 467, 468, 477 and 420 of the Indian Penal Code alleging therein that there is a misappropriation by the Mukhiya, her husband, Panchayat Sevak and the Junior Engineer with respect to twenty different schemes and developmental works during the period 2005-08. The argument raised on behalf of the petitioner is that investigation would show that the works of first list was done by the Ex-Mukhiya Jyotish Singh whereas in the second list, it has come on record that the petitioner was not responsible for the work to be done under the scheme mentioned therein. It is submitted that only the works of third list was done by the petitioner. 2 At this stage, the Court cannot evaluate the evidence and as such this Court finds it difficult to interfere with the order taking cognizance. The petitioner would be at liberty to raise whatever issues he thinks fit and proper at the appropriate stage of the case. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)