IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42098 of 2008 Shri Shritul Kant @ S.Kant ------- Petitioner Versus 1. State Of Bihar 2. Om Prakash Singh -------- Opposite Parties -------- For the petitioner: Mr. Ashok Kr. Sinha, Sr. Advocate For O.P.No.2: Mr. Raghvendra Kr. Singh, Advocate For the State: Abhimanyu Sharma, APP ******* 4 4.11.2011 Heard counsel for the parties. Prayer is sought to quash the cognizance order dated 30.1.2008 passed by Judicial Magistrate, 1st Class, Katihar in C.A. No. 2026/07 on the ground that only civil liability is made out basing the allegation by referring the decisions reported in 2000(2) SCC 636 and 2005(13) SCC 699, that is replied by making submission on behalf of opposite party no.2 that the fact of the case constitutes criminal liability also by referring decision reported in 2007(5) SCC 228. It is further submitted on behalf of opposite party no.2 that defence evidence is closed and case is at the stage of argument. So, option is given to the parties to refer their decisions at the stage of argument in the court of Judicial Magistrate, 1st Class, 2 Katihar in C.A.No. 2026/07 which shall be considered along with other decisions if are referred while deciding the case on merit. This application stands disposed of accordingly. AI ( Mandhata Singh, J.)