IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25052 of 2007 MD. AKHATAR @ AKHATAR ALAM @ SK.AKHATAR Versus STATE OF BIHAR ----------- 5. 21.7.2009 The petitioner has filed this application for quashing the order dated 5.2.2003 passed in Complaint Case No. 317/2001 by which the Court below has taken cognizance under Sections 5, 9 and 10 of the Indian Forest Act. Counsel for the petitioner submits that the petitioner does not run M/s Bishwakarma Saw Mill at Simraha and that the seizure list does not contain the signature of the petitioner or any of his family members. In the circumstances, the allegations according to the petitioner appear to be prima facie false. It is also argued that Section 17 of the Indian Forest Act is not applicable in this case. All these arguments can be raised by the petitioner at the time of framing of charge. It would not be appropriate for this Court to pass any order quashing the order of cognizance when a prima facie case is made out in the first information report. This application is thus dismissed. P. Kumar (Sheema Ali Khan, J.)