IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34373 of 2011 Manoj Rai, Son of Deosahai Rai, At present resident of village- Nauratanapur,, P.S.-Kankarbagh, District-Patna, permanent resident of village-Negala, P.S.-Jehanabad, District-Jehanabad. ……..Petitioner Versus 1. The State of Bihar. 2. Yogendra Prasad, Son of Late Ram Pravesh Rai, resident of village- Jaganpura, P.S.-Ramkrishna Nagar, District-Patna. ………..Opp. Parties. ----------- 2 14.10.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The present petition has been filed for quashing of the order taking cognizance of the offence under Sections 323 and 379 of the Indian Penal Code. Learned counsel for the petitioner submits that there is no allegation against the petitioner and his name has only been given in proforma of accused. However, it is apparent from the complaint and the statement of the complainant on solemn affirmation that there is specific allegation against the petitioner of causing injury by Khanti upon the complainant. The learned Magistrate after taking into consideration the complaint, the statement of complainant on solemn affirmation and the deposition of witnesses recorded under Section 202 Cr. P.C., in course of inquiry found a prima facie case to be made out and took cognizance of the offence. I find no illegality in the order. Accordingly, the petition is dismissed. Sanjeet/ (Ashwani Kumar Singh, J.) 2