IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15867 of 2010 RAM BABU SINGH S/O LATE RAGHO SINGH, R/O VILLAGE- BHAGWATPUR, P.S. CHANDI, DISTRICT- BHOJPUR, RETIRED AS SPECIAL ASSISTANT ON 13.7.2009 OF STATE BANK OF INDIA, MAIN BRANCH, ARA ……………… Petitioner Versus 1. THE STATE OF BIHAR 2. GANESH PRASAD, S/O NOT KNOWN, C/O SHRI ARUN KUMAR SINGH, R/O MOHALLA- ANAITH, P.S.- ARA, DISTRICT- BHOJPUR ……………….Opposite Parties ----------- 2. 05.01.2011 Heard learned counsel for the petitioner and the informant. The petitioner seeks quashing of the order dated 24.8.2009 passed by Chief Judicial Magistrate, Ara in Tr. No. 2598 of 2009 arising out of G.R. NO. 1967 of 2008 by which he has taken cognizance under Sections 420, 407/34 I.P.C. The case of the complainant is that he was cheated of certain amount of money by some persons including officials of bank. The petitioner was not named in the First Information Report but subsequently his complicity arose that he was one of the person involved in this occurrence. The petitioner seeks interference in the order of cognizance on the ground that S.Book register shows that the entries was not made by the petitioner but by one Vivekanand also a functionary of the bank and therefore he should not proceeded against. He further submits that on two occasions the petitioner had approached this court since he had been departmentally proceeded against and on both the occasions the matter was remanded to the disciplinary authority for a fresh consideration after quashing the orders of punishment. In my view, at the stage of cognizance these are not matters which can be taken note of and therefore, I refuse to entertain the application for the reasons aforesaid, the application is dismissed. Fahad. ( Anjana Prakash, J. )