IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5744 of 2009 RAKESH SHARAN @ PUNNU LAL, SON OF MADHAV SHARAN, RESIDENT OF MOHALLA GULAB BAG, BETTIAH, P.S. BETTIAH TOWN, DISTRICT WEST CHAMPARAN.-- PETITIONER Versus 1. THE STATE OF BIHAR 2. SANJAY SINGH, SON OF SITARAM SINGH, RESIDENT OF VILLAGE DUDHA BHALUHI, P.S. MAJHAULIA, DISTRICT WEST CHAMPARAN. – OPPOSITE PARTIES ----------- 2 6.1.2010 Heard the parties. The petitioner has challenged the order dated 18.12.2008 passed in Bettiah Town P.S. Case No. 259 of 2008 by the learned Chief Judicial Magistrate, Bettiah, West Champaran by which cognizance has been taken for offences under Sections 302/34/120-B of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner has been booked in this case for ulterior motives and in fact he was not involved in the occurrence. The submissions are that on the basis of paragraphs 18 to 51 of the case diary it would appear that petitioner is not named as assailant, whereas witnesses have named other persons. It is also submitted that two independent witnesses have given their evidence under Section 164 of the Cr.P.C. in which they have referred to some other persons. Thirdly, it is said that the matter was under the investigation of the C.I.D. Unfortunately it is submitted that the report of the C.I.D. was submitted after the order of cognizance. According to the counsel for the petitioner, the C.I.D. report shows that the petitioner was not involved in the said occurrence. At this stage this Court is not inclined to consider these 2 facts as it would be proper that the case diary, the report of the C.I.D. and the statements under 164 Cr.P.C. should be considered by the Court below, before framing of charges. The petitioner has the liberty to move the Court to bring on record the aforesaid materials before framing of charges which should be considered by the Court below who will pass appropriate orders in accordance with law. This application is thus disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)