IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29477 of 2009 Md.Shama, S/o. late Manna, r/o. Mohalla- Chamdichak P.S. Habibpur, Bhagalpur. Versus The State Of Bihar ---------------------------------- 02. 14.10.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner while invoking the jurisdiction of this Court under Section 482 of the Cr.P.C. has prayed for quashing the order dated 19.04.2008 passed by learned C.J.M., Bhagalpur in Jagdishpur P.S. Case No. 49 of 2006 by which and where under he has taken the cognizance for the offence under Sections 341, 323, 504, 379/34 of the I.P.C. The main grievance of the petitioner is that no case under Section 379 of the I.P.C. is made out but in spite of that learned C.J.M., Bhagalpur has taken cognizance for the above stated offence. It is contended by learned counsel for the petitioner that from very face of the first information report it is apparent that petitioner did not snatch cash and wrist watch rather it is stated by the informant that petitioner and other co-accused persons picked up wrist watch and cash from there and it is not specific as to who picked up the wrist watch and cash. In my view, the petitioner may raise aforesaid plea at the time of framing of the charge and it is not possible for this Court to quash the cognizance order on the above stated ground. Accordingly, this petition stands disposed of with this observation that petitioner may raise the above stated point at the time of 2 framing of the charge, if he is so advised and if the aforesaid point is raised on behalf of the petitioner at the time of framing of the charge, the learned trial-court shall consider the aforesaid plea in accordance with law and shall pass order without being prejudiced by this order. Mkr. (Hemant Kumar Srivastava, J.)