IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48440 of 2008 Harendra Singh, son of Late Singashan Singh, resident of village-Kalyanpur Chhota, P.S. Barauli, District- Gopalganj………………………………………………Petitioner. Versus The State Of Bihar……………………….........Opposite Party. ---------------------------------- For the Petitioner: Dr. Amrendra Kumar and Mr. S.M. Namatullah, Advocates. For the State : Dr. Mayanand Jha, A.P.P. -------------------------------- 2. 24.8.2011. Heard. This application filed under Section 482 of the Code of Criminal Procedure on behalf of the petitioner is directed against the order dated 11.10.2008 passed by the learned S.D.J.M., Gopalganj, in Barauli P.S. Case No.21 of 2007, whereby the learned Magistrate took cognizance of offence under Sections 341 and 504/34 of the Indian Penal Code besides Section 3(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Corruption) Act against the petitioner and other accused. Learned counsel appearing on behalf of the petitioner submits that the labourers, engaged in the earth work of the said road, have sworn affidavits stating that the 2 alleged occurrence has not taken place and the petitioner has not used any abusive language but the same has not been considered by the learned Magistrate. It appears from the impugned order that the learned Magistrate after perusal of the chargesheet and case diary took the cognizance of the offence against the petitioner and other accused under the aforesaid sections. I find nothing in the impugned order dated 11.10.2008 passed by the learned Sub Divisional Judicial Magistrate, Gopalganj, to show the abuse of the process of the court. Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise all the issues, raised herein, at the appropriate stage during the course of the trial. P.S. (Rajendra Kumar Mishra, J)