IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30306 of 2009 Kamlesh Kumar Singh @ Kamlesh Kumar Yadav @ Kamlesh Kumar, S/O-Keshwar Singh Yadav, resident of village-Bhaluhar, P.S.-Gurua, District-Gaya ………….Petitioner Versus 1. The State of Bihar 2. Ajay Kumar Sinha, S/O-Late Anand Mohan Prasad, O/C Gurua, P.S. District-Gaya, resident of village-Chormari, P.S.-Town, District-West Champaran ----------- For the Petitioner :- Sayed Salim Khan (Advocate) For the State :- J.N. Thakur (A.P.P.) 02 22.11.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State on the point of admission. This petition has been preferred against the order dated 23.01.2009 passed by Sub Divisional Judicial Magistrate, Sherghati, Gaya in G.R. No. 985 of 2008/Trial No. 2858 of 2009 arising out of Gurua P.S. Case No. 64 of 2008 by which and whereunder he has taken cognizance for the offences under Sections 147, 148, 149, 307, 414 of the Indian Penal Code, 25(1-b) a, 26, 27 of the Arms Act as well as 17 of C.L.A. Act against the petitioner. The contention of learned counsel for the petitioner is that the learned Sub Divisional Judicial Magistrate, Sherghati, Gaya has passed the impugned order in mechanical way without applying his judicial mind because there was no material in the case diary to take cognizance of the above stated offences against the petitioner. Continuing his submission, he contended that when the petitioner was arrested and produced before the Sub Divisional Judicial Magistrate, Sherghati, Gaya, the aforesaid court refused to remand the petitioner as there was no evidence against him but again the concerned 2 Investigating Officer filed a petition for remand of petitioner disclosing this fact that petitioner had some links with extremist persons and after that the learned Sub Divisional Judicial Magistrate, Sherghati, Gaya remanded the petitioner in the above stated case. In my view, when the court has already taken cognizance of the offences after submission of the charge-sheet, it is not proper stage to consider the above stated points. Accordingly, this petition stands disposed of with direction to the petitioner to raise all the above stated points before the learned trial court at appropriate stage, if he so advised. It is made clear that if petitioner raises the above stated pleas before the learned trial court at appropriate stage, the learned trial court shall pass order on the above stated pleas in accordance with law without being prejudiced by this order. SHAHZAD ( Hemant Kumar Srivastava, J.)