IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53145 of 2008 Azmal Khan Versus State Of Bihar ----------- For the petitioner—A.A.Khan For the Informant—Bal Govind Sharma For the State---Pronoti Singh APP 2 24.08.2011 This application is directed against the order dated 28.7.2008 passed in Cr. Rev. No. 132 of 2008 by the learned Session Judge Motihari, East Champaran affirming the order dated 26.2.2008 of Chief Judicial Magistrate, Motihari in Sangrampur P.S.Case No. 89 of 2007 whereby the cognizance of the offence under Section s 341,307, 120B of the Indian Penal Code and 27 of the Arms Act has been taken against accused including the petitioner. Learned counsel appearing on behalf of the petitioner submits that although the Sangrampur P.S.Case No.89 of 2007 was instituted against the accused named in the F.I.R but on investigation police found the case true only under Section 504 and 506 of the Indian penal Code against Ajmal Khan but the learned C.J.M illegally took the cognizance of the offence under Section 341 ,307 120B of Indian Penal Code and 27 of the Arms Act against all accused named in F.I.R Learned counsel, further submits that the petitioner is respectable business-man and has been falsely implicated in this case due to village politics on false and concocted story but the same has not been considered by the C.J.M It appears from the record that Sangrampur P.S.Case No. 39/07 was lodged under Section 34,307/120B I.P.C on the basis of F.I.R 2 of Yahya Khan O.P. No. 2 against eight accused including petitioner. The police submitted the charge sheet under Section 504 and 506 I.P.C against the petitioner showing other accused innocent. The learned C.J.M on perusal of case diary find the prima facie case Under Section 341,307/ 120B I.P.C against the accused including petitioner took the cognizance vide impugned order dated 26.2.2008.. Apparently this court finds nothing wrong in the impugned order for interference in inherent jurisdiction . As a result, this application is dismissed. The petitioner is at liberty to raise all points, raised in this application in trial at appropriate stage. Namita ( Rajendra Kumar Mishra, J.)