IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13371 of 2009 MD.EZAJ AHMAD @ ARZOO Versus THE STATE OF BIHAR & ORS ----------- 3/ 29.04.2009 Heard. In the instant modification application, the petitioner has prayed for modification of order dated 18.02.2009 passed in Cr.W.J.C. No. 695 of 2007. The petitioner filed Cr.W.J.C. No. 695 of 2007 for quashing the prosecution case relating to Nawadah Town P.S. Case No. 237 of 2007 dated 25.06.2007 for the offences registered under Sections 366 and 363 of the Indian Penal Code. In the aforesaid case this court noticed that the girl in her statement under Section 164 of the Code of Criminal Procedure stated before the court below that she has married the petitioner on her own free-will and is carrying a pregnancy of about eight months. It was also submitted that cognizance has been taken. As cognizance was taken, this court was not inclined to quash the prosecution and granted liberty to challenge the order taking cognizance. Learned counsel for the petitioner submits that he was not aware of the correct position and on inadequate instruction he submitted that cognizance has already been taken, though in fact no cognizance has been taken till this date. Learned counsel for the State submits that on 15.04.2009 State counsel was granted time to seek instruction. He further submits that police has submitted final form in the case, not charge-sheeting the accused persons. - 2 - In view of the subsequent development, particularly, that the police has submitted final form not charge-sheeting the accused persons, this court does not find the necessity of quashing the prosecution case. The earlier order dated 18.02.2009, passed in Cr.W.J.C. No. 695 of 2007 accordingly stands modified. Uday/ (S. P. Singh, J.)