IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20392 of 2008 MD. ALLE RASOOL @ ALLE RASOOL SON OF LATE ABDOOL QUASHIM, RESIDENT OF VILLAGE BAJID, P.S. BARSOI, DISTRICT KATIHAR …… PETITIONER Versus 1. THE STATE OF BIHAR 2. BIBI MAHJABI, WIFE OF MD. JAKIR HUSSAIN, RESIDENT OF VILLAGE IMADPUR, P.S. BARSOI, DISTRICT KATIHAR …. OPP. PARTIES ----------- 3. 19.4.2011 The petitioner has sought quashing of the order dated 11.4.2008 passed in Complaint case No.1950 of 2006, by which the Judicial Magistrate, 1st class, Katihar has taken cognizance u/s.376/511 I.P.C. It has been submitted that initially a First Information Report was instituted, which ended in a final report and cognizance has been taken on the basis of protest-cum-complaint petition. On going through the narration given in the complaint, I find that the Complainant has stated that she was raped by accused no.1 Md. Alle Rasool i.e. the petitioner and, therefore, it is surprising the Magistrate has taken cognizance only u/s.376/511 I.P.C. and not u/s.376 I.P.C. In the event, the application is dismissed with a direction to the court concerned to consider afresh as to whether Section 376 I.P.C. is made out in the facts of the case. Narendra/ ( Anjana Prakash, J. )