IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2396 of 2008 DHANIK LAL YADAV, son of late Biru Yadav alias late Birakh Yadav, resident of village – Jana, P S – Cheria Bariarpur, District – Begusarai. Versus 1. STATE OF BIHAR 2. Ram Sewak Yadav, son of Mouje Yadav, resident of Village – Jana, P S – Cheria Bariarpur, District – Begusarai. ----------- 04. 14.05.2009 The main ground under which the order taking cognizance dated 3.10.2007 is being challenged is that there is evidence to show that investigation is still going on so far as this petitioner is concerned. If the investigation has not been completed there is no occasion for the Chief Judicial Magistrate to take cognizance in the matter. But from the records it seems investigation has been completed against large number of other accused persons and evidence has come. If there is material in that investigation even against this petitioner who has been shown to be absconder with others which is a circumstance for continuance of the investigation by police, merely because further investigation is shown to be pending , in the above background it cannot be said that Magistrate lacks powers/jurisdiction to take cognizance. The application has no merit. It is dismissed. rkp (Ajay Kumar Tripathi, J)