IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53605 of 2007 HARENDRA PRASAD SINGH S/O LATE DHANESHWAR PRASAD SINGH R/O MOHALLA NEW KARMAN TOLA, P.S ARA NAWADA, DIST. BHOJPUR AT ARA. --- PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY ----------- 04 03.09.2010 Heard both sides. Petitioner challenges the order taking cognizance dated 18.07.2007, passed in Tr. No. 2917 of 2007 passed by learned Judicial Magistrate Ara whereby on a perusal of the F.I.R. and the police papers it was found that a prima facie case under Section 414 of the Penal Code is made out and accordingly cognizance was taken. Petitioner in course of raid found in possession of 02 marshal cars description whereof has been set out in the F.I.R. He did not produce any document relating to the said vehicles. Accordingly the F.I.R. was lodged which ignited the investigation in course whereof the allegation(s) was/were found true and accordingly charge sheet was submitted leading to impugned order. Learned counsel for the petitioner submits that there is no F.I.R. and or any information lodged with the police relating to the theft of the aforesaid 02 vehicles In absence of such an F.I.R. and/ or information it cannot be presumed that 02 vehicles allegedly recovered from the house of the petitioner was/were stolen vehicles. It is also contended that till today no one has made any claim over the 02 seized vehicles. It is thus contended that no offence under Section 414 of the Penal Code is made out. At the stage of taking cognizance learned Magistrate has only to satisfy itself about the presence of a prima facie case. Admittedly when the 02 vehicles were seized from the possession of the petitioner no valid paper was either shown and/or claimed to be in their possession. Considering the scope of the jurisdiction exercised by the Court, I am not convinced that a case of exercise of my inherent power is made out. The application has, therefore, no merit. The petitioner shall have adequate opportunity to raise all these grievance(s) at the appropriate stage of the proceeding. The application is, accordingly, disposed of. Sym ( Kishore K. Mandal, J.)