Patna High Court Cr.Misc. No.52800 of 2008 (2) dt.29-08-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52800 of 2008 =================================================== 1. Sidheshwar Prasad Singh @ Sidheshwar Singh son of late Shyam Narain Singh 2. Prem Kumar Chauhan, son of Sidheshwar Prasad Singh Both are resident of village- Adhamkhap, Police Station-Magadh University, Bodh Gaya, District-Gaya 3. Prashant Kumar, son of Deosharan Prasad Both resident of Mohalla- opposite Magadh University, Police Station-Magadh University, Bodh-Gaya, District-Gaya .... .... Petitioners Versus 1. State Of Bihar 2. The Block Agriculture Officer, Bodh-Gaya, District-Gaya .... .... Opposite Parties =================================================== For petitioner :-Mr. Manoj Priyadarshi, Advocate For the State :-Mrs. Rina Sinha, A.P.P. 2 29-08-2011 This application has been filed under section 482 of the Code of Criminal Procedure against the order dated 26.12.2005 passed by the learned Chief Judicial Magistrate, Gaya in Magadh University P.S. Case No. 61 of 2003 taking cognizance for the offence under Sections 143, 341, 504, 337, 332 and 427 of the Indian Penal Code. The learned counsel appearing on behalf of the petitioners submits that petitioner no.1 approached the higher authorities including Magadh University Police Station to lodge F.I.R. against accused persons including the informant of Patna High Court Cr.Misc. No.52800 of 2008 (2) dt.29-08-2011 Magadh University P.S. Case No. 61 of 2003, who had invaded and looted his property on 05.11.2003. Ultimately, he got failed and thereafter, filed a complaint case being complaint Case No. 1375 of 2003 for the offence under sections 147, 148, 149, 323, 379, 341, 342, 352, 427, 447, 504 and 395 of the Indian Penal Code against the accused persons in which after enquiry, the order of cognizance was passed vide order dated 27.04.2011 against the accused persons including the informant of this case, Officer-in-charge of Magadh University Police Station. The F.I.R. was lodged against the petitioners in which cognizance has been taken through impugned orders, is nothing but an exercise to camouflage the deeds of informant and other State Officials including Officer-in-Charge of concerned Police Station. From perusal of the impugned order, it appears that the learned Chief Judicial Magistrate on perusal of the chargesheet and Case Diary had arrived at conclusion that prima facie case for the offence under Sections 143,341, 504, 337,332 and 427 of Patna High Court Cr.Misc. No.52800 of 2008 (2) dt.29-08-2011 the Indian Penal Code is made out and accordingly took cognizance of the offence in the aforesaid sections against the four accused persons named in the First Information Report including the petitioners. At the time of taking cognizance, Chief Judicial Magistrate is not required to look into the other materials. He is required to only peruse the material made available during the course of investigation in the case diary. In view of the aforesaid, I am not inclined to interfere in the matter under Section 482 of the Cr.P.C. Accordingly, the application is dismissed. As far as the defence, as raised by the petitioner, in this application, he may raise the same at the appropriate stage during the course of trial. Ashwini/- (Rajendra Kumar Mishra, J)