IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29717 of 2009 Alok Kumar @ Kundan, S/o Late Ramsudin Rai, Resident of village-Barbata, Police Station-Musreigharari, District- Samastipur, At present- Police Station-Kabir Asthan, District- Samastipur …………….. Petitioner. Versus 1. State Of Bihar 2. Laxmi Narain Sharma, S/o Saryug Sharma, Resident of village-Bikrampur Bande, police Station-Mufassil (Samastipur), District-Samastipur …………….. Opposite parties. ---------------------------------- 2 09-11-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. This petition under section-482 of the Cr.P.C. has been filed for quashing the order dated 03-11-2008/06-11-2008 passed by Chief Judicial Magistrate, Samastipur in Samastipur (M) P. S. Case No. 367 of 2008 whereby and whereunder, he has taken cognizance for the offences under Sections-324, 326, 307/34 of the Indian Penal Code and 27 of the Arms Act and kept the record for commitment. Learned counsel for the petitioner submits that there was no material in the case diary against the petitioner but in spite of that, the learned court below has taken cognizance of the offence against the petitioner. Learned Addl. Public Prosecution supported the impugned order submitting that the petitioner may raise all his points at the time of framing of the charges. Admittedly, the present petition has been filed for - 2 - quashing the cognizance order and it is well settled principle of law that cognizance is taken of the offence and not of the offender and so in my view, the learned Additional Public Prosecutor rightly submitted that the petitioner may raise all his points at the time of framing of the charge. In view of the aforesaid discussions, this petition is disposed of at the stage of admission itself with a liberty to the petitioner to raise all his points at the time of framing of charge and if the petitioner raises his points at the time of framing of the charges, the trial court shall consider his points in accordance with law without being prejudiced by this order. AKV/- (Hemant Kumar Srivastava,J.)