IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.1783 of 2008 YOGENDRA PRASAD MANDAL son of Late Binda Mandal, resident of Taru Kutir, Bapu Path, New Area, Purandarpur, P.S. Jakkanpur, District- Patna. . . . . Petitioner. Versus THE STATE OF BIHAR & ANO ----------- 4/ 27.04.2010 Heard learned counsel for the petitioner and the State. The petitioner has prayed for quashing the order dated 13.01.2007 passed in Gandhi Maidan P.S. case no. 379 of 2005, whereby cognizance has been taken under Sections 406, 420, 120 B of the Indian Penal Code and Section 138 of the Negotiable Instrument Act and the case has been transferred to Judicial Magistrate, 1st Class, Patna for disposal. Learned counsel submits that First Information Report would disclose the allegation only against the son of the petitioner, Rakesh Kumar. He further submits that there is no allegation that petitioner took money at any point of time or for that the money was given on his assurance. Learned counsel submits that even assuming the prosecution case to be true, petitioner only assured on behalf of his son that the money would be paid. Thus, he submits that no case either under Sections 406, 420, 120 B of the Indian Penal Code or Section 138 of the Negotiable Instrument Act is made out. Learned counsel for the State submits that charges have already been framed and four witnesses have been examined in this case. In view of the fact that charges have already been framed and four witnesses have been examined, I am not inclined to interfere - 2 - with the impugned order dated 13.01.2007, taking cognizance. However, it will be open to the petitioner to raise all the points at the time of hearing of the case. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)