IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.32721 of 2007 RAMA SHANKAR DAS @ SHANKAR DAS at present Mahanth Rama Shankar Das Chela of Late Mahanth Balram Das, residing at Raipur Math Ujiyarpur, Police Station Vidyapatinagar, District- Samastipur. . . . . . . Petitioner. Versus 1. STATE OF BIHAR 2. Nageshwar Mahto, Son of Late Harmuni Mahto, Village- Garhsisay, Police Station-Vidyapati Nagar, District-Samastipur. . . . . Opposite parties. ----------- 8/ 13.10.2009 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by order dated 29.11.2006 passed by Sub-Divisional Judicial Magistrate, Dalsingsarai in C.R. No. 110 of 1992 whereby cognizance under Sections 302, 379/34 of the Indian Penal Code has been taken. Learned counsel submits that police submitted final form in favour of the petitioner in the instant case. He further submitted that he proceeded on protest petition, which was filed on 24.01.1996 after a long delay. It is further submitted that as an after thought, the petitioner has been roped in this case. He submits that compromise petition has been filed between the parties, as such he has prayed for quashing the order taking cognizance. After hearing the parties, I find that in the protest petition there is allegation against the petitioner of having opened fire. As such, I do not find any infirmity in the order taking cognizance against the petitioner under Section 302/34 of the Indian Penal Code. Accordingly, this application is rejected. However, it will be open to the petitioner to take all points at the time of framing of charge. This application is, accordingly, rejected. Uday/ (Samarendra Pratap Singh, J.)