IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47161 of 2008 RAMESH KUMAR @ CHHOTU @ CHOTU KUMAR @ GUDDU Versus STATE OF BIHAR & ANR ----------- 2 13.7.2009 Aggrieved by order, dated 19.3.2008 passed by the Additional Chief Judicial Magistrate, Patna City by which cognizance has been taken, the petitioner has moved this court under section 482 of the Code of Criminal Procedure. Learned counsel for the petitioner submits that the ingredients of section 366A of the Penal Code is not made out against the petitioner as the girl according to the medical report was major. This aspect of the matter can be argued and examined by the court at the time of framing of the charges as the charges are framed after examining the allegations and the materials on record i.e. the case diary, medical evidence etc. before zeroing down on sections for sending the petitioner for trial. Accordingly, this application is disposed of with the observation that the petitioner may raise all the points including the legal aspect placed before this court at the time of framing of the charges. haque (Sheema Ali Khan, J.)