IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.29833 OF 2008 1. VICKY KUMAR @ VICKY SINGH @ RAKESH KUMAR, SON OF SHIV KUMAR SINGH 2. NICKY SINGH @ NIKHI KUMAR, SON OF SHIV KUMAR SINGH 3. RIPU KUMARI, DAUGHTER OF SHIV KUMAR SINGH 4. SHIV KUMAR SINGH, SON OF LATE JAIKISHUN SINGH 5. GYANMALA DEVI, WIFE OF SHIV KUMAR SINGH ALL RESIDENT OF VILLAGE BICHALI MALAHI, POLICE STATION BARH, DISTRICT PATNA VERSUS 1. THE STATE OF BIHAR 2. RAM VINOD SINGH, SON OF NAWAL PRASAD SINGH, RESIDENT OF VILLAGE BICHALI MALAHI, POLICE STATION BARH, DISTRICT PATNA ********* 2 23/06/2011 The petitioners are aggrieved by the order dated 27.022008 passed in Barh Police Station Case No. 437 of 2007 by which the Additional Chief Judicial Magistrate, Barh, Patna has taken cognizance for the offences under Sections 341, 323, 379, 384 & 354/34 of the Indian Penal Code. On perusal of this application, this Court finds that the grounds made out for quashing of the impugned order are by way of defence and as such, cannot be considered at the time of taking cognizance. The petitioner would have the liberty to raise these issues at the appropriate stage of the case. This application is thus dismissed. Anand ( Sheema Ali Khan, J. )