IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.7950 OF 2008 VIJAY KUMAR SINHA @ VIJAY PRASAD, SON OF LATE SHARDA PRASAD SINGH, RESIDENT OF VILLAGE MEYAR, POLICE STATION NOORSARAI, DISTRICT NALANDA. AT PRESENT RAMCHANDRAPUR, INDUSTRIAL AREA, POLICE STATION LAHERI, DISTRICT NALANDA VERSUS 1. THE STATE OF BIHAR 2. REKHA SINHA, WIFE OF LATE SANJAY KUMAR, RESIDENT OF VILLAGE MEYAR, POLICE STATION NOORSARAI, DISTRICT NALANDA. AT PRESENT POSTED AT DHANESHWAR GHAT, PROFESSOR COLONY, POLICE STATION BIHAR, DISTRICT NALANDA …………………………………………………………………….OPPOSITE PARTIES *********** 2 22/01/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has challenged the order taking cognizance dated 07.01.2006 on the ground that the petitioner is not mentioned in the First Information Report as an accused and also on the ground that even in the protest petition, the informant does not raise any suspicion against this petitioner. The Court below has taken into consideration certain paragraphs of the case diary in coming to the conclusion that prima facie there is evidence against the petitioner. Paragraph Nos. 29 and 94 indicate that the witnesses have raised suspicion against the petitioner as it is said that the petitioner had a dispute with his brother which may have resulted in the said occurrence taking place. Counsel for the petitioner submits that the witnesses who have raised suspicion against the 2 petitioner are not eye-witnesses to the occurrence and as such their evidence is insufficient to convict the petitioner. The Court below while taking cognizance does not have to scrutinize the relevancy of the evidence but has only to see that whether any prima facie case is made out for proceeding in the matter. In view of the aforesaid facts, I find no illegality in the order taking cognizance. This application is accordingly dismissed. However, the petitioner would have the liberty to raise the points which have been raised before this Court at an appropriate stage. Anand ( Sheema Ali Khan, J.)